Bl**dy Tenants!
Discussion
Sick of letting our flat out. Nothing but problems.
Have had a tenant in the property since April. He's been pretty useless to say the least. Late on first month's rent and un-contactable. That got paid in the end and the month after was in on time. This month's was late but for 3 weeks he has returned no calls or messages. Sent a recorded letter to say we'd visit with 2 days notice. No answer when I went over but I didn't enter property as I knew the letter hadn't been received and wasn't 100% clear on the legal position. A few tell tale signs suggested the property wasn't occupied though, particularly a mail box that is stuffed full. Stuck a note under the door to say I'd be back later this week.
Fast forward to this morning and my wife (doing some internet stalking) stumbles across an advert to sub-let out our property. Then later today, another advert appears online, this time via an agency also advertising the property is available to let (pets and DSS more than welcome no less).
Bottom line, is I really want this guy out, but he's not even halfway through a 1 year tenancy (big mistake in hindsight) and is so far just 2.5 weeks in arrears on rent . My gut feeling is that the tenant probably wants out as well (he had advertised property at same price we charge him so not a money spinner for him) but we can't get in touch with him as he isn't returning calls.
We're seeking legal advice but anybody got any practical experience/advice?
Have had a tenant in the property since April. He's been pretty useless to say the least. Late on first month's rent and un-contactable. That got paid in the end and the month after was in on time. This month's was late but for 3 weeks he has returned no calls or messages. Sent a recorded letter to say we'd visit with 2 days notice. No answer when I went over but I didn't enter property as I knew the letter hadn't been received and wasn't 100% clear on the legal position. A few tell tale signs suggested the property wasn't occupied though, particularly a mail box that is stuffed full. Stuck a note under the door to say I'd be back later this week.
Fast forward to this morning and my wife (doing some internet stalking) stumbles across an advert to sub-let out our property. Then later today, another advert appears online, this time via an agency also advertising the property is available to let (pets and DSS more than welcome no less).
Bottom line, is I really want this guy out, but he's not even halfway through a 1 year tenancy (big mistake in hindsight) and is so far just 2.5 weeks in arrears on rent . My gut feeling is that the tenant probably wants out as well (he had advertised property at same price we charge him so not a money spinner for him) but we can't get in touch with him as he isn't returning calls.
We're seeking legal advice but anybody got any practical experience/advice?
Simpo Two said:
Gad-Westy said:
he had advertised property at same price we charge him so not a money spinner for him
It is if he gets paid rent and doesn't pay you. Hope you can winkle him out ASAP.Is he allowed to sub-let in the contract?
Agency have agreed to pull their own ad. Dread to think of the mess that would occur if the place had actually been sub-let.
Gad-Westy said:
No, specifically forbidden in tenancy agreement. Trouble is that from a legal point of view it's not been sub-let as yet, just advertised.
It's not my area but perhaps the fact he's advertised it (and presumably you have proof of/screen shots etc) is grounds for getting him thrown out/Section 22 etc? Sounds like a job for Wings.Hang on... hijack the advert... advert gets new tenant... new tenant moves into empty house but pays YOU not Mr Shyster. You get the rent, Mr Shyster has no house and no money - owzat?
bishbash said:
Reply to the advert as a potential tenant, ask to meet him for a viewing.
Absolutely this. Anyway, better idea, ask him if he wants out of the agreement, sort out a sensible compromise he pays till the end of the month or whatever and then goes. Sounds like he has moved in with a "friend" and doesn't need your place.
Gargamel said:
bishbash said:
Reply to the advert as a potential tenant, ask to meet him for a viewing.
Absolutely this. Anyway, better idea, ask him if he wants out of the agreement, sort out a sensible compromise he pays till the end of the month or whatever and then goes.
The look on his face when you arrive as the 'tenant' should be worth a photo
If he wants out he's probably panicking over covering the year tenancy hence the sub let. If the ad has a mobile just text him and tell him he's free if he'll hand the keys over. Dont chase him for the arrears if he agrees to this as it could be a very clean way out of the predicament. Good luck.
Simpo Two said:
And have a simple A4 statement for him to sign to that effect (and/or waiving his rights as a tenant if you can get away with it).
The look on his face when you arrive as the 'tenant' should be worth a photo
^^^^^this, having the same independently witnessedThe look on his face when you arrive as the 'tenant' should be worth a photo
Surrender of Tenancy
Notice by Tenant(s) to Landlord
Names of all Tenants ……………………………………………………
…………………………………………………………………………….
…………………………….………………………………………………
……………………………………………………………………….……
Address of Tenancy …………………………………………………….…
………………………………………………………………………….…
………………………………………………………………………….…
………………………………………………………………………….…
Name of Landlord………………………………………………………...
I/We being the tenant(s) of the above premises hereby give irrevocable Notice that I/we will give up and surrender the tenancy of these premises on or before the ……………….…….
Signatures of all Tenants …………………………………………..………
…………………………………………………………………………….
………………………………………………………………………….….
……………………………………………………….…………….………
Dated ………………………………
This notice received on …………………………………………….……
By (Signature of Landlord) ………………………………………………..
Keys returned YES/NO
Forwarding address of Tenant ……………………………………………
……………………………………
……………………………………
Thanks for all the help chaps. Oddly enough, we got a text from the tenant yesterday evening, presumably triggered by the letting agent he was trying to use contacting him. "Lack of cash flow" etc but no intention of surrendering tenancy. Which I think means we're at a stale mate for now at least. Unsurprisingly, sub let adverts have been pulled, though I have saved copies.
sgrimshaw said:
Has he broken the tenancy agreement by "attempting" to sub-let?
Gad-Westy said:
Simpo Two said:
Gad-Westy said:
he had advertised property at same price we charge him so not a money spinner for him
Is he allowed to sub-let in the contract?Muncher said:
Because he wants to continue living there and not pay rent for as long as he can manage. I think there is a big problem brewing here, you want rid ASAP.
But the OP said 'A few tell tale signs suggested the property wasn't occupied though, particularly a mail box that is stuffed full.'Muncher said:
Because he wants to continue living there and not pay rent for as long as he can manage. I think there is a big problem brewing here, you want rid ASAP.
Agree, the OP needs to act quickly, confirm whether AST agreement allows, or rather disallows sub letting. Any sub-letter the OP/LL will have no legal agreement/contract, so repossession of the property will be much more difficult.Had an example of this many years ago, where a single male tenant was befriended by a male, who eventually moved into the rental property, bringing also his girlfriend. The tenant ended up sleeping in the lounge, whilst the lodger and his girlfriend used the bedroom. Tenant eventually moved out, being reported missing to the police by his parents. Since there was no sub letting agreement, i was starting to proceed down the illegal squatting route, when the tenant's parents (church goers) paid the lodger and the girlfriend to leave the property, and also paid for all the repairs, new doors, furniture etc.
I understand that a former tenant can not be evicted under the present squatter's legislation, the same might also apply to a sub letter tenant, and why the OP needs to and/or deal immediately deal with the situation or seek immediate legal advice.
Simpo Two said:
sgrimshaw said:
Has he broken the tenancy agreement by "attempting" to sub-let?
Gad-Westy said:
Simpo Two said:
Gad-Westy said:
he had advertised property at same price we charge him so not a money spinner for him
Is he allowed to sub-let in the contract?The tenant did not actually sub-let, but he attempted to by advertising it himself and apparantly placing it with an agency.
If he was a tenant of mine, he would have been in breach of the tenancy agreement by simply attempting to sub-let the property.
I see the difference. So he can *attempt* to sub-let it, and advertise it as much as he likes, and that is fine, but he is only in breach of the contract when he *actually* does sub-let it. I would have thought that for all intents and purposes they are the same thing. 'Conspiracy to sub-let' 
Simpo Two said:
I see the difference. So he can *attempt* to sub-let it, and advertise it as much as he likes, and that is fine, but he is only in breach of the contract when he *actually* does sub-let it. I would have thought that for all intents and purposes they are the same thing. 'Conspiracy to sub-let'
Civil law. He could say "I wanted to leave, but I thought I'd need to find you a tenant first, otherwise you'd force me to pay a whole year" Gassing Station | Business | Top of Page | What's New | My Stuff