Troublesome Tenant-Please help

[Never-In-Doubt]

Re: Troublesome Tenant-Please help

Yes as you're like a mod so it gets forced through. Regardless of limits. If a user has a full inbox any PM sent by experts, mods, site or admin will arrive safely. I'll check that now but that's how it should work.

[Never-In-Doubt]

Re: Troublesome Tenant-Please help

Yes as you're like a mod so it gets forced through. Regardless of limits. If a user has a full inbox any PM sent by experts, mods, site or admin will arrive safely. I'll check that now but that's how it should work.

confirmed - yes any PM you send any user will always arrive.

[mpeverton1980]

Re: Troublesome Tenant-Please help

PlanB received your email address thanks.
NID: thanks for tip, i will get posting to get my credits up so to speak. Rangers fan! Glasgow or QPR?

[pompeyfaith]

Re: Troublesome Tenant-Please help

mpeverton

Good Luck with your housing wows, you are now in good hands with PlanB

[Never-In-Doubt]

Re: Troublesome Tenant-Please help

PlanB received your email address thanks.
NID: thanks for tip, i will get posting to get my credits up so to speak. Rangers fan! Glasgow or QPR?

Do you want banning?

there is ONLY one Rangers. Think world club footballs most ever successful club

[cymruambyth]

Re: Troublesome Tenant-Please help

Do you want banning?

there is ONLY one Rangers. Think world club footballs most ever successful club

Niddy lives in his own little world

[Never-In-Doubt]

Re: Troublesome Tenant-Please help

But true......

[PlanB]

Re: Troublesome Tenant-Please help



I have your email and I'm going to reply in a minute because I would like to see the front page of the tenancy agreement you gave the Tenants (to clear up the AT or AST issue) and a copy of the Section 21 Notice you served on them. Everything else can be discussed on here unless I need to ask something personal.

[CleverClogs (RIP)]

Re: Troublesome Tenant-Please help

there is ONLY one Rangers. Think world club footballs most ever successful club

Manchester United?

[PlanB]

Re: Troublesome Tenant-Please help

It's good that you have now insured the Tenants' deposit. You will no longer be prevented from getting a possession order on that issue. However it's possible that a pedantic DJ would say that the deposit was not placed in a scheme at the time you served the Section 21 Notice which could render it invalid. To be safe I would serve them with another one now you've protected it. You must also send them a copy of the insurance certificate and the prescribed information for tenants which should have been emailed to you by mydeposits in PDF format. Tick the box requiring a "Red" receipt if you're sending it to the Tenants by email.

I assume that the original fixed period of the tenancy agreement has expired which is why you are using Section 21 to gain possession. This is a 'no fault' ground for possession. In other words you don't have to give any reason other than the fact that you want the property back.

On your application for possession did you also refer to rent arrears? And have you also served the Tenants a Section 8 Notice for those arrears? You can collect those rent arrears by issuing a County Court Summons if you didn't include them. I see that as a bit pointless since they clearly haven't got any money so it would be a hollow victory to get a CCJ.

[PlanB]

Re: Troublesome Tenant-Please help

Rent in arreas of three months approx. £1350.00 owed. . . . . I have contacted the local council and declared that i am not receiving any rent from tenant who is claiming benefits (DSS) . . . . Tenant has lied to council with regards to how many weeks that they are in arrears.

Once the Tenants are eight weeks or more in rent arrears the Local Authority must pay the HB to the Landlord direct. You say you live in Shropshire (is the let property in the same area?) and the Council admits this on their own website. The onus is on you to prove that you have not received the rent. But I would like to think the HB team will ask the Tenant for proof that they have.

http://shropshire.gov.uk/benefits/lo...d-information/

Now my next question is if you get the HB/rent paid direct by the council would you still want to evict them? Why not bank the money until things stabilize and then evict them when you're ready. If the Tenants have received HB and not passed it on to you (causing £1,350 arrears) then you may be able to claw that back through the Council who will claw it back from the Tenants. I can't promise that but I'll look into it for you.

How long have the Tenants been in the property and have they been a pain from the beginning or is it only the rent money that's the problem? Once that's sorted things may got better.

[CleverClogs (RIP)]

Re: Troublesome Tenant-Please help

Tick the box requiring a "Red" receipt if you're sending it to the Tenants by email.

"Red" or "Read"?

[PlanB]

Re: Troublesome Tenant-Please help

"Red" or "Read"?

Oh goody, are you offering to be my personal sub-editor?

How do you know I wasn't advising the OP to seek a receipt for the documents written in red ink

[CleverClogs (RIP)]

Re: Troublesome Tenant-Please help

Oh goody, are you offering to be my personal sub-editor?

No - you couldn't afford me.

How do you know I wasn't advising the OP to seek a receipt for the documents written in red ink

I don't.

Didn't you once work for the Manchester Grauniad?

[PlanB]

Re: Troublesome Tenant-Please help

MP I've received your documents by email.

You've created this problem by issuing your Tenant with an Assured Tenancy Agreement not an Assured Shorthold Tenancy agreement. Do we blame Google for this error since it wouldn't have come from an agent?

What your Tenant now has is a tenancy for life and beyond. If she dies "succession" kicks in which means her husband/partner/child can inherit the tenancy. In effect you're stuck with her forever. The tenancy agreement states a minimum term of six months but no end date. It's not a fixed term contract.

Thank God she has rent arrears because that is one of the only reasons you can use to lawfully get her out. See those rent arrears as a blessing in disguise. Once she's paid them you cannot evict her ever. She could be entitled to live there for the next 50 years or more (unless she breaches the terms of her agreement).

I'm not wanting to alarm you, I simply want you to know the facts so you can make an informed decision on what you can and can't legally to do next (I'll get to tactics and strategy later).

Here is some in formation on the enhanced legal rights for tenants with Assured Tenancies. As I said before it's extremely rare to find these in the private rental sector, they are only used by councils and Housing Associations.

http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/assured_tenancies