be so fed up about my tennant?

[tootiredtomakeupagoodname]

Reposting here from legal matters in the hope of more input...

Basically my DH and I are having to live abroad as there are very few jobs in is sector of employment at the moment. We are renting a house where we are staying. While we are away we are renting out our own home. The tenant, a single, elderly woman moved in January and stopped paying rent in April. She has redecorated the house, has a dog and is sub letting to three adults in there twenties, in the middle of this there is also a 3 year old child living there. She has told us that she is withholding rent as there is damp in one of the bedrooms but she is refusing to allow us into the house to look at the problem. We sent a section 21 notice in May which will be up in July she has not contested this but has said she will not be moved so will will have to go to court and involve baliffs. We are really struggling financially and I really can't see a way out of this. The rent only covered 60% of the mortgage anyway, it has never been a profit making scheme but now we are covering 100% of the mortgage, insuring the property as well as paying rent and insurance on the house we are living in. I have two young children and just feel totally helpless while the lawyers fees are mounting up. I just want to go in and change the locks but the law is behind her. Any advice would be gratefully received. Sorry this is so long...

Update - last night I phoned to ask if she would be moving out at the end of section 21 notice or if we would be going to court as we have not heard from her solicitor yet, another of the squatters phoned back to say they would be reporting me to the police for harassment - something to look forward to then

It may be worthwhile phoning Scottish Landlords for advice.

Im surprised the police took any notice of her. In theory tjey are supposed to, as it is a criminal as well as a civil matter but in practice they are usually ignorant of the law and refuse to get involved. Keep your communication with her in writing and send by recorded delivery so you can proove that you are not harassing her.

Have spoken to my solicitor darlene who could not believe police had got involved as they situation. I think I might contact the police myself as I was too upset to be rationale this morning but I need to know exactly what she has accused me of - my solicitor has said simply asking if she had a date for moving could in know way be construed as harassment or threatening. I always give 48 hours notice of visits by recorded delivery. For example last week we had an estate agent out to value property and a painter to paint front of house. She has recently paid to have someone power hose monoblocks and do the garden - I think she must be a bit mad if she really thinks she will be allowed to stay there if it goes to court. I feel a bit better now, thanks to all for your replies and will sit tight till it goes to court - will update as we progress

It does seem odd that she is spending money on the property when she should know that she is going to be evicted. Does she not realise that landlords dont need any reason to evict and can automatically get a possession order after the first 6 months of a SAT?

Is she still living there, and sub let some of the rooms, or has she moved out?

You should also send communications to her sub tenants so they know what is going on.

Don't bother with the CAB, as soon as you say you are a landlord they don't want to know.

Just gone through getting tenant out of a property on a section 21, I'm £370 out of pocket on unpaid rent and have ruined carpets which I can't claim for from the paper bond as if I had she wouldn't have got a new bond to move.

Good luck OP

Thinkofanumber Was that the total cost and did they move out before section 21 ran out? Phoned CAB, much use as no use. For some reason they seem to think all landlords are made of money! She actually used the words 'CAB' is for the lay person!

darlene she is still living there with her her sub tenants. They are well aware of what is going on, most of the grief I have had has been with one of them. I don't know if she is a fab con woman or just a blithering idiot hoping we are just going to offer her the house scot free!

It would have been more but I applied to the local council and got the last 3 weeks rent paid direct to me. She was supposed to move out on the 1st June but handed the keys in on the 7th.

Property now up for sale, it will be a big weight off my mind when it's sold.

It's caused no end of rows between me and DH (my property not his).

Told you CAB wouldn't want to know.

I have a short assured tenancy in Scotland and I am sure it prevents me from sub-letting. I am also sure that it requires me to allow reasonable access for repairs if I make a complaint about a defect IYSWIM. At least I was sure I would have to do that,maybe it is just me.

What area is your house in? If you give me it cheap I could rent it. I am a well behaved tenant.

So sorry you are going through this. Tenants like this give the rest of us a bad name (similarly though I have had a nightmare with my LL and am desperate to get out of here but my contract doesnt run out til October so am stuck).

I am fairly certain that they need to allow you reasonable access for repairs (I rented out my flat in Scotland on a Shorthold Assured Tenancy).

There are loads of LL forums out there, maybe you could post on one of them for more detailed advice.

Hope everything works out well for you in the long run.

Spenguin, what terrible advice. Proposing the OP actually does harass the woman. Whatever is going on we as tennants (in England at least) have 'right to quiet enjoyment' so threats and entering without permission is very very wrong.

I speak as a tenant who had a landlord that broke every rule in the book all over a disagreement as to whether he or I should have paid to repair a blocked toilet.

Not sure if these guys cover Scotland or not. www.thesheriffsoffice.com/