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Would you do this to tenants who haven't paid the rent?

13 replies

ETsmum · 22/01/2006 19:37

Started letting out our flat 2 weeks ago - well, lease was signed then and tenants duly moved in with their things.

BUT in the 2 weeks we've had promise after promise about paying the rent and the deposit. We (somewhat foolishly) let them move in with the promise to pay the deposit etc after signing the lease - it was a Sun, they couldn't get to the bank etc, and said they and 2 kids had been living in a 1 bedroom place so v keen to move in. (Please note we live in Guernsey and things are a bit more relaxed over here - don't imagine any of you living on the mainland would have been so naive!)

Basically now have come to the conclusion that we've been taken for a ride and they're great at lying. Have written to them (as per terms of the lease) that they have to either pay up or get out by end of today and no sign of either happening.

My question is (dh's suggestion!) we have access to their water stop cock, without going into "their" flat at all. Do you think it would be complety immoral to turn it off? They haven't actually been home as far as we can tell since yesterday teatime.

Going to start the process to get them evicted tomorrow.......

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NotQuiteCockney · 22/01/2006 19:38

I think that's probably illegal, and unsafe. And immoral.

I'd just start the formal process, and let that happen.

MerlinsBeard · 22/01/2006 19:39

htink its illegal to touch the water tbh but do feel u have been taken for a ride , best to do things the proper way i think

NotQuiteCockney · 22/01/2006 19:39

It does really suck that they've been lying so much, and you'll be out some money, but turning off the water won't fix any of that.

WideWebWitch · 22/01/2006 19:40

I agree with NQC.

Freckle · 22/01/2006 19:42

Problem is that any advice given here will be based on English law. What does the lease say? If they haven't paid the deposit or rent by the required time, then you are presumably entitled to take whatever action Guersney law allows. Is Guernsey subject to English law?

LIZS · 22/01/2006 19:44

Don't recommend it. If you go to court then think it could be held against you. The external supply system belongs to the water company , not the property and could you be sure no other flats are affected ? Sorry you've been taken advantage of but think you should take proper advice and go through the correct procedures.

LemonTart · 22/01/2006 19:44

personally - no.
If it was a couple without kids, then maybe would consider it later on, but not if they have children.
I don?t know about the legality of it all but I personally would find it difficult to square morally. What they are doing it dreadful and I really feel for you - the stress alone must be terrible. However, even if they have strung you out with the truth, you don?t have all the facts yet - maybe some money is owed to them and they are frantically trying to get it etc etc Sure, they could be more honest about it but imagine if you found yourself unexpectedly with no money at all, were trying everything you could to get some, trying to cling to a roof over your head and then found yourself without even enough water to flush the loo...
Two weeks isn?t that long yet..
Sorry - probably not the answer you were looking for x

ETsmum · 22/01/2006 19:47

I did wonder if it would be illegal....against basic human rights or something....

Freckle - some of Guernsey law isa the same, not all thought. We tend to be "behind the times."

Thanks for not agreeing with my dh He is still of the opinion that this would be a "soft" option compared to what he would LIKE to do!

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ETsmum · 22/01/2006 19:55

LemonTart - you're right re the stress. And we ARE lucky in that we aren't struggling, at least for this month for money to pay the mortgage.

I take your point that they could have genuine financial probs (btw the kids are 11 and 13....minght feel a bit mkore sympathetic if younger I guess...) It's just so frustrating when it's 1 thing after another. Could believe that they didn't have chance to get to the bank/were gonig to borrow money off a relative at first, but patiente is wearing a bit thin

Know I've got a very 1 sided opinion at the mo though - flat is below our maisonnette where we live, so can't exactly "get away" from the situation.

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Earlybird · 22/01/2006 19:58

Did you check references? Speak to previous landlords?

ETsmum · 22/01/2006 20:04

No, but we didn't (on instinct alone.....) think we needed to. We just thought, great, lease signed, deposit and rent tomorrow....bingo {(

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ETsmum · 22/01/2006 20:04
Sad
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Earlybird · 22/01/2006 20:10

That's a shame. Think you now need to assume you probably aren't going to get the money, and proceed legally on that basis. I wouldn't do aggressive things like turning off the water, because you want to make sure they don't damage the place as an act of revenge....especially as you have no security deposit to withold.

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