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Original poster

Nightmare tenants

53 replies

olympicfan · 23/07/2016 07:46

Tenants are 2 months in arrears, we have a court date for possession on 8th Aug.

Every month since they moved in we have had complaints from neighbours about noise, screaming, shouting, swearing, door slamming at all hours night and day. Police have been called on numerous occasions. He has been arrested and released each time.

Rubbish/recycling left all over with free holder threatening to have the rubbish removed at our expense. We have collected, sorted and disposed of their rubbish three times now. The first time 8 weeks of rubbish piled up in the communal area. Yesterday 4 weeks of rubbish. When we sorted it to put it in the correct recycling bags at our house we found the:
The court possession date letter thrown away
Tenancy aggreement
Final demand for council tax arrears
Final demand for water rates
Final demands for non payment of train fares
Letters from police about possession of a knife
Loan refusals
JSA letters dated Feb 1st
Pay slips some £4000 a month others £400 dating between Sept 15 to Jan 16 (it seems he lost his job on 1st Feb, 3 weeks before they moved in... great)

We have had no communication with them since issuing a Section 8, but yesterday received more complaints about rubbish (so we dealt with that) and complaints about a possible leak with water damage affecting the downstairs flat which originates in our flat.

The free holder has asked us to get the leak investigated and put right.

How do we gain access to our flat when tenants won't communicate with us and feel they are above the law... free council tax, train travel, rent etc?

God knows what state the flat is in. We inspected it in June and it was spotless... before the section 8 was issued.

What happens if they ignore the possession order and just stay put? How do we get our flat back?

OP posts:
LisaMed1 · 25/07/2016 12:28

It's a long time ago since I did this, so best to double check what I'm putting. You need to jump through the hoops to get the legal possession, just in case, as they sound like chancers that may try and get you done for illegal eviction.

re the money, have a look at the link, it's the up to date info on enforcement. I would start with taking money from their wages, but if they change jobs, or their boss lies for them, you're stuffed. The court will not trace via anything

If you can't find their current address to serve papers you can ask that it is served at his place of work. I think there may be a fee for this. The court staff should be able to tell you about this.

I'd have a good look at the links. Wishing you all luck, it's a tough one!

JenLindley · 25/07/2016 12:37

What a nightmare!! I am a private tenant and have been for 11 years. I am a good tenant, i keep my home like a palace and have never missed rent but my goodness I would never for all the money in the world become a LL! There is just so much risk. You have no idea in reality who you are letting into your property and what state you will get it back in, or at what cost to you! The return must outweigh all that?

panegyricS1 · 25/07/2016 14:09

He's got a job but is claiming dole? Report, definitely.

They sound like proper chavscum. That poor baby.

Happy anniversary! Hope you got a chance to relax.

Original poster
olympicfan · 25/07/2016 17:20

LisaMed1 did I miss a link that you posted.

Thank you so much for all the info posted so far and for reading about my 'orrible situation.

PanegyricS1, I will definitely be reporting!

Poor baby indeed- the rubbish we collected filled two big recycling boxes of ours with beer cans, wine bottles and spirit bottles. They certainly liked a drink.

It makes you realise just how much your rubbish can tell others about your life. Be careful what you throw away!

OP posts:
LisaMed1 · 25/07/2016 17:57

Sorry, I thought I had posted.

link here It's a link to the court service guide to enforcement. Have a think and be canny.

This is bad morally, but if you think it will reduce his chances of paying, only report once you have the money.

Wishing you all the luck.

WoahSlowDown · 25/07/2016 18:10

Thank goodness they left. I think you will need a drink or too following all this. WineWine

TroysMammy · 25/07/2016 18:24

I'm not a landlord but isn't there a database of scummy tenants so you can avoid them with a bargepole? If they have done this before and will continue to do it what safeguards are in place? It must be an absolute nightmare for landlords.

Original poster
olympicfan · 25/07/2016 20:57

Hi LisaMed, we have paid £325 for a possession order and recovery of rent arrears.

When you 'only report once you have the money' what do you mean? Sorry to be thick!

OP posts:
LisaMed1 · 25/07/2016 22:19

I mean you only report that they were working and claiming JSA at the same time once you have the money, if you wanted to go down that route.

When you gave the papers to the court, what address did you use for the tennants?

Original poster
olympicfan · 25/07/2016 22:48

The address of our rental property. (We were not expecting abandonment of the property).

We found all the tenants' court papers (that we issued to do with the possession order) in the rubbish along with numerous other legal notices and court proceeding letters. It seems like court orders are just scrap paper to him.

Looking at the attachment of earnings order, we might be ok if we just have the employers name, address, and tenant's NI number.

OP posts:
LisaMed1 · 26/07/2016 00:14

You really need someone knowledgeable on here or someone legally qualified.

You could argue that they had received the papers as they were in the bin when you got there. They may argue that they were never received as they were not at the property when the papers arrived. The timings could be iffy. The initial application for the Attachment of Earnings should really be sent to their home address.

You can ask for papers to be sent to his place of work but you do have to get permission from a judge and there may be a fee. The court staff will always know if they need to take any money.

I could be wrong on all this, so please check, but I thought it worth flagging up just in case it tripped you up later on. Good luck.

Original poster
olympicfan · 26/07/2016 21:49

We have instructed a 'tracing agency' to trace their new address through new utilities being set up/spending/data footprint.

The courts will hopefully recover these costs too (£45).

OP posts:
throwingpebbles · 26/07/2016 21:57

I was just about to advise a tracing agency, that's what my colleagues use when chasing debts
I would urge you to get some decent advice about this if possible.

It sounds horrible and stressful, huge sympathies.

LisaMed1 · 26/07/2016 22:15

I'm not sure you will be able to recover the tracing agent costs. I think you should check with the court. However it is a small percentage of the money owed. Fingers crossed it will go through smoothly.

wishing you luck.

Original poster
olympicfan · 05/08/2016 14:36

We now have the tenants' new address.

We instructed a tracing agency but they came back with no new address only 13 old addresses(!) Bonnie and Clyde had lived at.

But be careful what you post on facebook... MIL put Clyde now lived 1 minute walk away from ** train station. Then a week later Bonnie said she was bored so grandmother suggested she sit out on her new balcony.

On visiting said train station, there are flats nearby, but only one newly built set of apartments with balconies. Chatting to some people near the apartments they said a new couple had moved into No. ** a couple of weeks ago and she was expecting....BINGO!!

We have now alerted the Benefit agency about the fraud. The council tax people have been in touch twice and said they will probably write-off the debt without a new address. I will be in touch with them shortly.

Court case on Monday. Hopefully we can then move on with a new tenant.

OP posts:
wowfudge · 06/08/2016 21:11

Fingers crossed for you OP. People like that get cockier the more they get away with and assume the people they rip off are stupid and they are cleverer. Their arrogance is often their downfall.

In addition to the court hearing, I'd be tempted to find out who owns their new flat and forewarn them.

MephistoMarley · 06/08/2016 21:20

It seems the extravagantly expensive 'tenant checks' that both tenants and landlords pay for are not worth the paper they are written on.
I've been a tenant for 16 years and never behaved like these animals but have paid out thousands to letting agents and I really do wonder what they do for their money. Surely a check with previous landlords should be a standard - and a proper check, not a form sent in the post which could be completed by anyone.

Original poster
olympicfan · 06/08/2016 22:40

These tenants said they were living with grandparents, so no previous landlord to ask. Presumably they have played that card again to get their 'stunning new property.'

Letting agents take money but do not always make the checks. We had a fantastic tenant a couple of years ago. He moved out of our one bed apartment to get a house with his girlfriend as they wanted to start a family. He said he had paid £250 for references and had put us down as his first reference as previous landlord. We never heard a thing from the letting agent which made me so cross. He was a fantastic tenant and the letting agent had just taken his money without taking up references or making a quick phone call to us.

OP posts:
ironmanslady · 04/01/2017 11:54

Did you get your money back op?

Ellenrobillard · 05/01/2017 11:15

My son and l both own our own houses.my house is too big for me in my old age, and his small house would suit me better.How can we legally swap houses without paying huge legal fees? I don't want any compensation for the difference in monetary value.

Hepzibar · 15/01/2017 08:25

Ellen you may be better starting your own thread to get more responses and advice.

SmartyPants0 · 15/01/2017 08:46

I've read all this thinking it was a new thread. Olympicfan... give us an update, did you get your money back

KenzieBoosMummy · 16/01/2017 21:12

You could also get into a LOT of trouble for opening their mail and then broadcasting on the internet that you have done so!! Opening other people's mail is illegal

KenzieBoosMummy · 16/01/2017 21:19

Oh and the Meter has nothing to do with you. The contract for utilities is between the Occupier of the property and the provider. They don't need your permission....

There are some decent tenants out there you know? I have been privately renting for 17 years now and have never been a single second late on rent. Always paid early and the properties I've lived in have always been in a better state when I moved out than when I moved in!

To be fair though, you sound like nightmare Landlords too! I respect the fact that our own the property but until that tenant moves out, arrears or no arrears, you cannot just turn up and let yourselves in! Not until they hand you the keys themselves. Nor can you read their post! Even if it was in their rubbish and they are nowhere to be found. I expect you were on their case the entire time they lived there!
Don't get me wrong though, I'm not defending their actions - farrr from it.

KenzieBoosMummy · 16/01/2017 21:23

"However, the rubbish bag has provided us with a wealth of information and confirmation of: Bank account details (a thrown away statement), NI number and place of work (pay slips and recent signature for receiving goods at place of work), 3 previous addresses (one might be family as he said he lived with his grandparents), NHS and hospital number from a 'you did not attend a recent appointment' letter, up to date mobile number (on his Sky contract letter).
*
Scribblings found on the back of another train penalty fare notice shows they earned/claimed £2,160 in income between 1st-15th July."*

I'm sorry but you just CANNOT do this! You cannot invade someone's privacy like this! Arrests or no arrears!!!!