Served notice; tenants refusing to move - HELP.

[superlightr]

PHCorvette said:

Service of notice, if posted for example, is accepted if the postal date is the day prior to the commencement of the rent cycle. IE rent paid on 25th, stamped on the 24th. You can hand personally on the 25th and 2 months notice expires on the 2nd cycle which would be the 24th. You don't need to give 5 days lead it just helps to make sure its served.

Personally I print two exact copies and get both sets signed by myself and the tenants, they get one, I keep the other.

I'd say you are covered, if the prescribed information wasn't provided then that's an agents liability but you have discovered just how useless most (not all) agents are. Fully managed is a con, you will learn the lesson for next time don't bother (though the tax deductible probably pays for it...)

Postal yes that is technically correct but hand delivery is not correct - there has been a case on it - will try an look it up. It should be 1 day before to give the full 2 mths notice.

With postal you are opening yourself up to a court deciding it wasnt served in time if posted 1 day before - its not good practice to do that. Always better to give a few days gap ie 4-5 days before the start of a notice so that if challenged its easily rebutted.

[Rangeroverover]

Usually the reason a tenant won't move is they cannot afford the dep[osit/fees etc for a new house, it will stick in your throat but offer to pay their deposit and first months rent and provide a glowing reference.

Make them some elses problem, as you hold a deposit you are really only losing one months rent............quicker and less stress than courts and enforcement, could take months.

Also if you re let check your EPC....sometime soon if your EPC is below the set level the tenant can force you to bring it up to spec.easy on new houses, less so on old ones

Good Luck

[superlightr]

Rangeroverover said:

Usually the reason a tenant won't move is they cannot afford the dep[osit/fees etc for a new house, it will stick in your throat but offer to pay their deposit and first months rent and provide a glowing reference.

Make them some elses problem, as you hold a deposit you are really only losing one months rent............quicker and less stress than courts and enforcement, could take months.

Also if you re let check your EPC....sometime soon if your EPC is below the set level the tenant can force you to bring it up to spec.easy on new houses, less so on old ones

Good Luck

Good business advice. Sucks but there you go.

With the EPC there is no legal level just yet although in April 2018 properties with an EPC rating of F & G wont beable to be let out so will need to be improved but only in 2018.

[the_lone_wolf]

PHCorvette said:

of course! But ultimately the sorting out is made easy thanks to money claim online. Agents providing a professional service would be in a sticky wicket but i'd be surprised if they didn't provide it as from memory the 3 schemes provide you the information as part of the singing process

Our ex-landlord didn't, but then she and her agent were not just utterly incompetent* but also calculating liars...

Also should point out that you can't use MCOL to issue a claim because the Civil Procedure Rules Parts 56.1(f) and 56.2.1 define a claim under s.214 of the Housing Act as a "Landlord and Tenant Claim" and that such a claim must be issued under Part 8, not Part 7 as would be through MCOL

(star) Numerous issues with the property, such as taking two months to fix a backed up drain leaving us showering in filthy water, even then it was only fixed because the pipes leaked and flooded the downstairs neighbour. Also took ten months and never even fixed an extractor hood that dripped rancid fat all over our cooking food when used. Throughout they gave just enough hope that things would be fixed but never did a thing.

[PHCorvette]

MCOL I meant as a route of recourse against the agent in the event of a successful claim of incompetence

The trouble I have now with landlording is that a lot of the slum and over priced issues are really few and far between but ruining it for people. Now the real shysters are setting up as charities but that's another story

[the_lone_wolf]

PHCorvette said:

MCOL I meant as a route of recourse against the agent in the event of a successful claim of incompetence

Ah, then I do apologise - I thought that might have been the case just as I went out the door but those handbrake shoes weren't going to fit themselves...

[QuickQuack]

superlightr said:

With the EPC there is no legal level just yet although in April 2018 properties with an EPC rating of F & G wont beable to be let out so will need to be improved but only in 2018.

I know it's off topic but what would happen to an old and/or listed property which cannot be improved? Although this doesn't apply to the property I rent out at the moment, it is possible that I might need to work abroad for a while in a few years. We had thought that we would rent out our main home too as we don't want to sell it. It's currently an F and its best potential is still an F! I can certainly think of a number of properties around where I live which would fall into the same trap and a quick search on Rightmove lettings confirms this to be the case. Will historic houses, be they little old cottages or large manor houses, no longer be able to be rented out?

[superlightr]

QuickQuack said:

superlightr said:

With the EPC there is no legal level just yet although in April 2018 properties with an EPC rating of F & G wont beable to be let out so will need to be improved but only in 2018.

I know it's off topic but what would happen to an old and/or listed property which cannot be improved? Although this doesn't apply to the property I rent out at the moment, it is possible that I might need to work abroad for a while in a few years. We had thought that we would rent out our main home too as we don't want to sell it. It's currently an F and its best potential is still an F! I can certainly think of a number of properties around where I live which would fall into the same trap and a quick search on Rightmove lettings confirms this to be the case. Will historic houses, be they little old cottages or large manor houses, no longer be able to be rented out?

Listed are exempt. The others you cant let out unless above E and above after april 2018

[QuickQuack]

superlightr said:

Listed are exempt. The others you cant let out unless above E and above after april 2018

Phew! That's brilliant, thank you our main house is listed so would be exempt if it ever came to it.

[Rangeroverover]

QuickQuack said:

I know it's off topic but what would happen to an old and/or listed property which cannot be improved? Although this doesn't apply to the property I rent out at the moment, it is possible that I might need to work abroad for a while in a few years. We had thought that we would rent out our main home too as we don't want to sell it. It's currently an F and its best potential is still an F! I can certainly think of a number of properties around where I live which would fall into the same trap and a quick search on Rightmove lettings confirms this to be the case. Will historic houses, be they little old cottages or large manor houses, no longer be able to be rented out?

Happily listed houses don't need an EPC

[Joe5y]

Thank you all once again for all help and advice.

Good news; the Dacia Sandero . . . No; I had a call this morning from the tenant saying that they are moving out today. I called the Agency to inform them and at 1330 I get the keys and I'll be going over to see what further damage has been caused.

Who would be interested in pictures?

[the_lone_wolf]

Great news OP, hopefully the place isn't too bad, I'll bet you a pint it's not been cleaned!!

Joe5y said:

Who would be interested in pictures?

Out of morbid curiosity yes...

[hornetrider]

Well what do you know, seems like the regular rent paying tennants were alright after all. And just simply human beings trying to find another place to live. Who'd a thunk it.

[Joe5y]

hornetrider said:

Well what do you know, seems like the regular rent paying tennants were alright after all. And just simply human beings trying to find another place to live. Who'd a thunk it.

Regular in the sense that the reason they are being evicted is because of the damage caused?

[hornetrider]

Ah

Ok post the pics. Should be fun!

[superlightr]

Joe5y said:

Thank you all once again for all help and advice.

Good news; the Dacia Sandero . . . No; I had a call this morning from the tenant saying that they are moving out today. I called the Agency to inform them and at 1330 I get the keys and I'll be going over to see what further damage has been caused.

Who would be interested in pictures?

Change the locks.

Yes pics pls.

[Joe5y]

So . . . Things didn't go quite to plan - no surprise there then!

(Want to try keeping this short but so much happened).

Check out was booked for 1230 for 1 hour so keys to be handed over at 1330.

As planned I arrived at 1330 having heard nothing ready to change the locks. Upon arrival the Inventory Clerk (IC) was stood on the doorstep having not been able to do anything owing to the amount of stuff still in the house.
The tenant was then given until 1530 to leave or he would incur a £150.00 cancellation and re-booking fee of the IC and 2x days rent at £37.89 per day. We left and returned at 1530, tenant wasn't at the address and the front door was left open (not unlocked, open!) but we didn't enter. Myself and the IC called the agency to get hold of the tenant who confirmed that "he had just gone out to pick up his wife from work". When he arrived back at 1610 there was still approximately 8x cars worth of stuff to pack up plus 3x mattresses; not to mention the untaxed, MoT'd or roadworthy car on the drive with a bottomless supply of oil leaking onto the drive, still. By this time the IC told us that he would be unable to do the checkout / inventory because of the lack of light. So, tomorrow will be the day?!!

However it doesn't end there. Tenant wants to be present with the IC upon check out - fair enough; I'd want to do the same. However, he is working tomorrow 0900 - 1900 approx 30 miles away and is doing the same shift pattern until Friday.

If only that was it.
Turns out the tenant has changed electric supplier in the time he has been there. Usually, or so I am told this is up to the landlords discretion but to be honest as long as it was with one of the big suppliers and he was getting a good deal (for him) then I'd never have an issue. HOWEVER, when he changed he has put in a meter (or maybe he was forced owing to missed payments?) . . . and it has just run out of leccy and as he has "now moved out" he isn't willing to put any money on the card. Only £190.00 to put it back to a normal arrangement.

When helping him with a mattress down the stairs I did manage to get a few pics . . . I'll put them up in 15mins when I've synced my iPhone

[Joe5y]

Model tenants . . .

These are just the few I was able to sneak a pic of.

Edited by Joe5y on Monday 25th January 20:42

[Charlie1986]

Holy st!

[the_lone_wolf]

Unbe-fking-lievable...