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Original poster

Tenant disaster. Any ideas?

54 replies

CalliopeTorres · 28/09/2015 16:39

I've had a few threads about my shitty tenant and the best way to approach things and you've all been great but things have come to a bit of a head and any further advice would be appreciated. It appears tenant has been arrested for breaking and entering a building on the same street? Afaik he has been bailed to a different address. I went past the property today after being unable to contact him and noticed a broken window at the back of the property. I eventually contacted him, he told me another story why he wasn't in the property and he said he was unaware that there was a broken window however he said I may access the property to make it secure. I have done this. I have also contacted the police on 101 and they said he will not be returning to the property and I should give him 2 weeks to collect his stuff or dispose of it and I'd be within my rights to do so. That's not correct is it? I want him out but I want him out by the book. He's ruined the property and the area by the sounds of things (neighbour had plenty to say on the subject).

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whataboutbob · 29/09/2015 14:47

I was in a similar situation with tenants of Dad's (it's not my properties, I manage them via power of attorney as he is too unwell- yes I'm an accidental landlady too) the deposit was taken in 2003 and was not protected. The RLA advised me to repay it to the tenants which I did. Luckily,they are very reasonable didn't kick up a fuss and just happily took the cheque.

Original poster

CalliopeTorres · 29/09/2015 14:48

Right, so far today I have:
Joined the NLA and contacted them, they advise sending the S21 to the property even though I know he is not there and then sending him a text to let him know it has been sent followed up by a phone call.
Contacted the old letting agents and realised the fuck up re the deposit - plan to protect it now.
Contacted a couple of industrial type cleaning companies to get a quote for a deep end of tenancy clean.
Arranged for a glazier to go to the property and give me a quote for the window.
Contacted the insurance company and asked for a copy of my policy docs.
Crossed my fingers that this is going to be resolved with minimal hassle.

Thank you everyone for your help and lack of judgement for being so utterly clueless. I suspect I'll keep coming back to this for more help as things progress.

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specialsubject · 29/09/2015 15:04

bet the MN 'we hate all landlords' brigade won't read this - but I hope all those who think it is easy money do!

hope it all works out for you. There will be an end and nobody will die.

Original poster

CalliopeTorres · 29/09/2015 15:18

Thank you for being so nice. It's really appreciated.

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tribpot · 29/09/2015 15:20

This is the guy who's invalidated your insurance by leaving the property empty for weeks on end, supposedly looking after his ill girlfriend?

Forget the deposit in terms of keeping any of it, just pay it all back. It doesn't sound like it will cover the damage anyway. Fuck knows what the inside may be like, you really need to get possession as soon as you can.

stripytees · 29/09/2015 15:34

Don't forget to change the locks when all is done and he is evicted, just in case...

Original poster

CalliopeTorres · 29/09/2015 15:51

Yes tribpot, one and the same, as it turns out that is more than likely not the case at all.

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Original poster

CalliopeTorres · 29/09/2015 15:54

Oh and I know what the inside is like as of yesterday, he gave me permission over the phone to enter it in an emergency as the property was insecure. This is just a taster...

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specialsubject · 29/09/2015 16:07

oh gawd. Actually this gives me the RAGE, because in a world where a billion don't even have a toilet there is no excuse for anyone treating accommodation like this. Repeat - ANYONE. It's disgusting.

set your insurers on the case ASAP.

tribpot · 29/09/2015 16:11

On the plus side, didn't we think he might be growing weed in it on your previous thread?! Sorry you've got a shit tip to sort out.

Btw this guy has to be the dumbest burglar ever. Who the hell burgles on the street where you live? Idiot. Wasn't he in hiding on the last thread due to being wanted for crimes in the area?

The police seem very definite that he isn't returning - but he is out on bail?

Original poster

CalliopeTorres · 29/09/2015 16:32

The police neither confirmed nor denied anything really however they reiterated twice in answer to a direct question that he would not be returning to the property and as indicated in my op I should let him know he has 2 weeks to shift his shit and then dispose of it, changing the locks and whistling as I go. If only it was so easy eh? The word on the street is he is out on bail, I have a couple of eyes and ears on the ground in the area. They also report he is heavily into drugs at present and knocking round with some very less than savoury characters.

When I spoke to the tenant yesterday he told me he was in hospital with his girlfriend. He's giving nothing away. And you never know here might be elements of truth. Judging by the state of his bed and bedroom is be surprised anyone would go within 100 yards of him unless compelled by a judge but it takes all sorts I guess.

I have tried to ring the tenant again today in order to keep some dialogue going. 'Sorry we can not connect your call' is the only response I'm getting. You couldn't fucking write this shit.

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Original poster

CalliopeTorres · 29/09/2015 16:34

I can only assume that his bail conditions prevent him from being anywhere near the property/persons he perpetrated the crimes against. Which as you point out only someone of limited intelligence would do within spitting distance of where they live, resulting in him effectively being banned from the property. That is just suspicion though.

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tribpot · 29/09/2015 17:23

So he's probably been cut off for non-payment of his phone bill, although I think you thought he was on PAYG. I don't think you would get that message if the phone was just out of credit. I think you probably need to assume he's now uncontactable and serve notice to the property. I have a feeling getting him out in his absence is going to be a right bugger. If only the police were right with the whole 'two weeks and sling your hook' business. (But they aren't).

Original poster

CalliopeTorres · 29/09/2015 17:26

What happens if he just doesn't return to the property? Is there an abandonment route? Or do you have to section 8 it and go to court to get possession still?

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Original poster

CalliopeTorres · 29/09/2015 17:27

Afaik he is on payg- or at least he always says he's out of credit.

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tribpot · 29/09/2015 17:58

Do you have landlords' insurance? I think you're going to need to go to court (assuming he doesn't vacate after the S21, but why would he? He's not paying the rent) and the fact that he may be banged up probably complicates matters further. On top of which, you've got the failure to hold the deposit correctly. You need to get legal advice.

I wonder if it's worth informing the Council as it would be helpful if the housing benefit stopped being paid. However, I'd take advice before doing that in case the tenant could use it as evidence of harassment or something.

I take it you've done no inspections during the tenancy? What about things like servicing the boiler? You need a gas safety certificate. If you haven't been doing any of these things, you need to get it all out with a solicitor so that they can work out how to mitigate it.

Original poster

CalliopeTorres · 29/09/2015 18:11

Gas certificate etc has always been done, new boiler etc was installed earlier this year, DH had been in the property within the last 6 months and it was noted to be grubby but otherwise no damage etc, things seem to have gone downhill hugely since then which coincides with what we've heard about drugs etc.

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Original poster

CalliopeTorres · 29/09/2015 18:12

And yes we have landlords insurance, they are sending me copies of our cover so I can work out exactly what I'm paying for.

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tribpot · 29/09/2015 18:16

Okay, that's good - the damage will be less likely to be structural if the place has only gone to hell in the last 6 months.

specialsubject · 29/09/2015 18:21

yes, there is an abandonment procedure but it will still take time, four weeks is the rule it seems. 'two weeks and change the locks' is not how it works, even with this kind of rogue.

here is Shelter England on the subject:

england.shelter.org.uk/get_advice/prisoners/eviction_if_you_are_sent_to_prison

Original poster

CalliopeTorres · 29/09/2015 18:26

This bit reads interestingly but I'm not sure of how it actually works in practice and I suspect there is a lot more to it than this.

'As a council, housing association or private tenant, you have some legal protection from eviction, as long as you occupy the property as your only or main home.

But if the landlord can show that you no longer occupy the property as your only or main home, they can evict you without giving you or the court any reasons. To do this, the landlord must give you a notice to quit of at least 28 days. The notice can be sent to your home, even if you have left.

At the end of the notice period, the landlord can take possession of your home without going to court or can start court proceedings to evict anyone else who may be living there.

Get advice immediately if your landlord tells you they're taking back your home because you don't live there anymore. Use Shelter's directory to find an advice centre in your local area.'

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Want2bSupermum · 29/09/2015 18:27

You need to see a solicitor who has experience in this area. It's expensive but they will know how to get this tenant out legally.

In future don't bother with keeping deposits. I ask for it and cash it only to write a cheque or electronically transfer the money back to them. I want to see the tenant has the cash to pay 3 months of rent in one month (their old place, the deposit and the first months rent). If they can't pay their full deposit or the cheque bounces I don't rent to them.

The only times I don't require the tenant to be employed is if they are a single parent, have disabled child(ren) or are OAPs. I don't care what their job is but they need to have one that is at least 10hrs a week.

tribpot · 29/09/2015 18:34

How do you mean, Want2b? The deposit needs to be in a protection scheme.

CalliopeTorres, I think the complicating factor here is that he's been bailed and isn't allowed back to the property, which isn't the same as abandoning it. (Even though he already had).

specialsubject · 29/09/2015 18:41

taking no deposit? That's brave...

Original poster

CalliopeTorres · 29/09/2015 19:12

Sounds like you're more experienced than me want2be.

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