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Horrible tenant, changed locks & Giving notice,

108 replies

Sillysausage12345 · 20/09/2018 20:40

Evening everyone,

After a little bit of advice here

A “friend” in need needed a place to live at short notice and at the time my tenant was due to leave. I therefore let my house to this “friend” temporarily at a reduced rent as I let it privately and it does need a redecorate.

Anyway,

The new tenant changed the locks as he said someone stole the keys... a story which I now know was rubbish. However I let it slide as he got into an argument with some friends of mine and I ended up in hospital with suspected broken wrist as he pushed me over a few months ago.

So I just didn’t want the confrontation at the time as I was/an imtimidated by him.

Anyway I was hoping to let the dust settle and then to increase the rent to the proper market value and get a spare key from him to keep on file. Not for any other reason.

Last week he messaged me saying there was a radiator leak, I sent a plumber round that day, he wasn’t in.

I’ve rearranged the plumber for tomorrow and he’s saying he has plans.

I said that if he can give the plumber the spare key he can sort the leak. And I would then have said spare key.

I just received an awful phone call from him shouting down the phone about this key, I have given him 7 days to sort the key out, and he has at no point said he would do it so I have asked again today. Well he flipped out and ended up putting the phone down.

I messaged him after and asked him not to ever speak to me like that again and explained AGAIN that the key was the for agent I do not want to go into the house at any point.

He replied saying that he suggests that I don’t tell him what to do.... which not once have I done, only asked what is legally required.

I will however be giving him 1 months notice of a rent increase as I have done him a favour and he has just been awful to deal with.

I would ideally like to get him out but think he will refuse to leave and I will have a battle on my hands.... if he agrees to paying the correct amount of rent then I would be sort of ok for him to stay... I do however still need a key.

Just some words of advice or wisdom would be great, I know I’m in a difficult situation with a horrible bloke. Just wondering what they best way to go about this is.

OP posts:
specialsubject · 21/09/2018 13:18

the police wont touch.this.

Sorry,Op - I get that you did a favour.and are getting a kicking in return but the law is against you. As I said, one call to Shelter and you will be in trouble.

the only other legal option is to get the tenant to surrender the tenancy, which will probably require a financial incentive. But as landlords cant end tenancies and tenants can, this may be cheaper than paying for the eviction.

I entirely understand that this oprion will stick in your throat.

IhatetheArchers · 21/09/2018 13:35

I think the 'favour' was mutually beneficial, until it wasn't. It is a bit worrying that such an experienced landlord appears to know so little about their rights and responsibilities, but I hope they are now paying for proper advice.

ThereIsNoSuchThingAsRoadTax · 21/09/2018 16:34

I am aware of the relevant legal requirements

You clearly are not. Get proper legal advice.
Your tenant has a legal tenancy because he has been paying rent.
You cannot increase the rent without his agreement. This is why landlords normally write some clause related to rent increases into their contracts. Since you do not have a written contract, you will find it very difficult to enforce any rent increase.
Tenants are legally entitled to change locks, and they do not have to provide a key to the landlord or their agents. They must, however, replace the original lock or provide the landlord with all keys to the new lock at the end of the tenancy.
Following any of the ridiculous advice on here to just move him out could very well land you in prison for unlawful eviction.

Sillysausage12345 · 21/09/2018 20:50

Yes I do get it thank you very much!

I’m not completely stupid as some of you are making me feel or out to be.

I certainly won’t be taking anyone’s advice as gospel I just wanted peoples opinions and experience, it doesn’t mean I’m going to go full steam ahead and kick him out, change the locks and throw his stuff on the lawn. I do have a little more professionalism than that.

I also don’t think it’s just luck that I have been able to run a successful lettings portfolio for almost half my life.

OP posts:
ProseccoThyme · 21/09/2018 20:56

Even the best LL is going to get a shitty tenant from time to time - it goes with the territory.

But I do think you've left yourself wide open here.

Does your LL or home insurance cover legal advice/action? It fairly adds to the price, but it's so worth it for this kind of scenario.

Joe66 · 22/09/2018 11:29

With respect we are not trying to make you look or feel stupid, but running a business without knowing the statutory responsibilities that go with it is not being professional and the concerns people have shown are genuinely trying to prevent you from ending up with many thousands of pounds out of pocket for illegal eviction. You have demonstrated a woeful lack of knowledge. Perhaps you could treat this as a positive learning experience and have a look at bringing your knowledge of the 1988 housing act, deregulation act and other legislation surrounding ASTs up to date.

mumsastudent · 22/09/2018 20:15

wrong advice here - regardless of how unofficial this tenancy you will have to go down the legal route - do not change his lock, its illegal. you will get into trouble. www.gov.uk/renting-out-a-property
england.shelter.org.uk/housing_advice/eviction I am afraid there is no such thing as an unofficial tenancy & no short cut to eviction you need to do thing properly or you could find yourself with legal problems & taking even longer to get him out. Eviction via section 21 (if he doesn't object because that can cause even further delays) can take about 4 months or more - you need to submit proper paper work & I hope you have had your boiler services annually or you have problems with that

wowfudge · 22/09/2018 21:21

You are not the first poster on this thread to tell the OP that @mumsastudent

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