Tenant broken boiler, refusing me access to check it

Tenant broken boiler, refusing me access to check it

Author
Discussion

98elise

26,644 posts

162 months

Thursday 9th September 2021
quotequote all
Paft Dunk said:
Can’t believe this is still going. Hoping something positive has come from today.
It takes an unbelievable amount of time to get someone evicted when they stop paying their rent.


dickymint

24,381 posts

259 months

Thursday 9th September 2021
quotequote all
TheBinarySheep said:
Email from solicitors. The court didn’t contact them today, which indicates that they have no questions and we will likely get a court date in the next couple of week.
So there was no "telephone conversation" with a judge and your solicitor? confused

Saleen836

11,118 posts

210 months

Thursday 9th September 2021
quotequote all
98elise said:
Paft Dunk said:
Can’t believe this is still going. Hoping something positive has come from today.
It takes an unbelievable amount of time to get someone evicted when they stop paying their rent.
This is why I like the American system for eviction, I had to evict a tenant due to non payment of rent and was all done and dusted within a month

Fermit

13,015 posts

101 months

Thursday 9th September 2021
quotequote all
Saleen836 said:
98elise said:
Paft Dunk said:
Can’t believe this is still going. Hoping something positive has come from today.
It takes an unbelievable amount of time to get someone evicted when they stop paying their rent.
This is why I like the American system for eviction, I had to evict a tenant due to non payment of rent and was all done and dusted within a month
Could you elaborate on this, IE just basic process in the US?

Saleen836

11,118 posts

210 months

Thursday 9th September 2021
quotequote all
Fermit said:
Saleen836 said:
98elise said:
Paft Dunk said:
Can’t believe this is still going. Hoping something positive has come from today.
It takes an unbelievable amount of time to get someone evicted when they stop paying their rent.
This is why I like the American system for eviction, I had to evict a tenant due to non payment of rent and was all done and dusted within a month
Could you elaborate on this, IE just basic process in the US?
Was around 7 years ago but from memory it took a month due to Christmas/New Year as it can be done quicker.
Once a tenant is a week late with rent you issue them with a 3 day notice to pay or leave the property,if they don't pay you can file an eviction suit, this can take a few days but once issued you can then go to the local Sheriff department pay a fee and they will go to the property and remove the tenant,all of their possesions have to be removed so none of this 'take what you need for a few days' and arrange to come back in a week or 2 etc,luckily mine had vacated and emptied the property but the officer went in with gun drawn! eek

dickymint

24,381 posts

259 months

Thursday 9th September 2021
quotequote all
Saleen836 said:
Fermit said:
Saleen836 said:
98elise said:
Paft Dunk said:
Can’t believe this is still going. Hoping something positive has come from today.
It takes an unbelievable amount of time to get someone evicted when they stop paying their rent.
This is why I like the American system for eviction, I had to evict a tenant due to non payment of rent and was all done and dusted within a month
Could you elaborate on this, IE just basic process in the US?
Was around 7 years ago but from memory it took a month due to Christmas/New Year as it can be done quicker.
Once a tenant is a week late with rent you issue them with a 3 day notice to pay or leave the property,if they don't pay you can file an eviction suit, this can take a few days but once issued you can then go to the local Sheriff department pay a fee and they will go to the property and remove the tenant,all of their possesions have to be removed so none of this 'take what you need for a few days' and arrange to come back in a week or 2 etc,luckily mine had vacated and emptied the property but the officer went in with gun drawn! eek
Thank fook that doesn't apply here!!!

Hugo Stiglitz

37,163 posts

212 months

Thursday 9th September 2021
quotequote all
The Dictator said:
crispian22 said:
She's probably growing weed wink
That was my exact first thought.
No she's getting advice.

Someone who doesn't have a job yet is doing actions says to me she's claiming she's being victimised and/or boiler isn't working etc etc and no doubt the council is probably advising her

NNH

1,520 posts

133 months

Thursday 9th September 2021
quotequote all
Saleen836 said:
Was around 7 years ago but from memory it took a month due to Christmas/New Year as it can be done quicker.
Once a tenant is a week late with rent you issue them with a 3 day notice to pay or leave the property,if they don't pay you can file an eviction suit, this can take a few days but once issued you can then go to the local Sheriff department pay a fee and they will go to the property and remove the tenant,all of their possesions have to be removed so none of this 'take what you need for a few days' and arrange to come back in a week or 2 etc,luckily mine had vacated and emptied the property but the officer went in with gun drawn! eek
This varies a lot between states. It can take months here in California, and the tenant can draw out the process in lots of different ways. I gather that it's also hard to evict in the Northeast states. I've looked at buying some apartments in Texas for exactly this reason!

TheBinarySheep

Original Poster:

1,131 posts

52 months

Friday 10th September 2021
quotequote all
dickymint said:
So there was no "telephone conversation" with a judge and your solicitor? confused
Not in our case no.

This step in the process is just a means to reduce the number of cases making it through to the court when maybe many of the cases are not ready for that stage yet. In our case, our solicitor is suggesting that the court have reviewed our case, and decided that they have no further questions and that it should proceed to court (maybe that suggests it could be a slam dunk for us? any issues and surely it would have been knocked back at this stage?).

We had to pay our solicitor an extra £300 for this. They had to prepare extra paperwork and make someone available yesterday to take a call from the court if there was a need to get further information or try to come to a resolution.

Flibble

6,475 posts

182 months

Friday 10th September 2021
quotequote all
TheBinarySheep said:
maybe that suggests it could be a slam dunk for us? any issues and surely it would have been knocked back at this stage?
I would not make the inference, I think it's more a filter for obvious procedural issues to avoid wasting court time.

sospan

2,485 posts

223 months

Friday 10th September 2021
quotequote all
We were discussing tenancy issues along the lines of this topic over a coffee after golf this morning. One query was the nature of the advice the council/social services would give a tenant threatened with eviction. What limits to this are in place and would the advisors be stepping over the mark by giving clear delaying tactics advice other than pointing out the overall process method?
OK...there might be a case for detailed explanation but would they face any recriminations for actively encouraging the repeated tactical changes and diversionary claims that are clearly false?
In effect they are delaying the need for them to provide housing for the erring tenant. The longer they can advise dragging it out the less cost and urgency they occur in providing housing.

tomsugden

2,237 posts

229 months

Friday 10th September 2021
quotequote all
The council did exactly that when I had to evict my non rent paying tenant. They said to her that if she left before the notification of bailiffs being instructed, she was voluntarily making herself homeless and the council wouldn't rehome her. As it happened she was receiving housing benefit and not paying it to me, so I reported her for benefit fraud, so the council wouldn't help her anyway.

austinsmirk

5,597 posts

124 months

Friday 10th September 2021
quotequote all
That’s exactly what councils do : instruct private tenants to hold on till the death.

Chances are your tenant is hoping to pick up social housing.

sospan

2,485 posts

223 months

Friday 10th September 2021
quotequote all
A council lays out the need to become evicted to qualify for social housing. Yes I see that as a reasonable bit of advice on the end result for being rehoused. However, how far would they go in “helping” the tenant by giving ways to frustrate the process? I can understand a legal rep doing this or even one of the help groups and social media forums.
A bad tenant who displays the behaviour described by the OP is not going to be popular even to the council so might there be some inappropriate advice by them? How would that be seen by a court?

TheBinarySheep

Original Poster:

1,131 posts

52 months

Thursday 23rd September 2021
quotequote all
Not really an update, but I've had a call from a letting agent wanting a reference on the tenants.

I was truthful.

It does sound like the tenant was slagging us off to the letting agency, specifically telling them that we hadn't performed a gas safety check.

Obviously I've given the letting agent the correct story.

RC1807

12,546 posts

169 months

Thursday 23rd September 2021
quotequote all
On the positive side, they're looking to find something else.....and they're not going to find it easy with their history!

However, have these s been evicted yet?

Simpo Two

85,519 posts

266 months

Thursday 23rd September 2021
quotequote all
TheBinarySheep said:
Obviously I've given the letting agent the correct story.
Sending them a link to this thread would enlighten them!

NNH

1,520 posts

133 months

Thursday 23rd September 2021
quotequote all
TheBinarySheep said:
Not really an update, but I've had a call from a letting agent wanting a reference on the tenants.

I was truthful.

It does sound like the tenant was slagging us off to the letting agency, specifically telling them that we hadn't performed a gas safety check.

Obviously I've given the letting agent the correct story.
I try not to say very much about prior tenants, especially the bad ones. The coded question from the new landlord is "Would you rent to these tenants again?", to which my coded answer is either "Yes" or "Only if they met my current criteria for new applicants".

NextSlidePlease

6,095 posts

142 months

Thursday 23rd September 2021
quotequote all
Tenant references are a load of horse st, the prospect of getting rid of a scumbag tenant without a long legal slog will produce a glowing reference, perfect tenant sorry for them to be leaving yadda yadda.


dickymint

24,381 posts

259 months

Thursday 23rd September 2021
quotequote all
NextSlidePlease said:
Tenant references are a load of horse st, the prospect of getting rid of a scumbag tenant without a long legal slog will produce a glowing reference, perfect tenant sorry for them to be leaving yadda yadda.
Yep they just go through the motions to appease the property owner if it goes tits up!