Help ..me again . Tenant now 4k in arrears and trouble with EO

[bb41]

Yes my trusty friends more trouble at mill .

I have just paid 5k on a new bathroom at my property , half paid for insurance and half paid by me as leak was not reported and done a lot more damage than was necessary ..looks lovely now.

Now the Environmental officer has reported back to me to give me pages of jobs that need doing... preodominantly a kitchen refurb as it literally has been annihilated by the tenant... more DIY that they couldn't manage without my consent.

Other things that EO wants done is seals on vellux windows replaced , thermostats on all rads, redecoration and the list goes on.

They are getting back to me beginning of October to see how I'm progressing but as I have told her this morning that the tenant has been given a section 21 to expire 17th October and rent arrears are now 4k and rising each month by 400.00 as I only get housing benefit and tenant not paying anything towards the rent .

The housing officer knows the situation and has previously told me that keep the jobs to a minimum , but legally I don't know where I stand.

I can't afford to re-furb the kitchen and desperately need my property back so I can sell and clear the debt that is accruing .

I rely on you knowledgeable lot to help me yet again

[Crazy council]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

Hi

Whats the notice that they have listed on,

some are advisory, some are manditory

[45002]

Re: Previous threads

OP previous threads on same tenant
http://www.legalbeagles.info/forums/...read.php?99612

[bb41]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

Mandatory is refurbishment of kitchen, it's been altered by the tenant badly and plastic bags are being used to fill in holes in the walls, the cooker has been moved and is now not in a safe place , thermostats on rads and electrical safety check . All to be completed in 4 months

[jaguarsuk]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

The problem you have got is that if you knew your tenant was going to leave on 17th Oct you could do nothing and just tell the EO that you intend to complete the work on 1st Nov. As Oct 17th is a month and half away, I would just do nothing until you know for sure the tenant isn't leaving.

However, I remember your previous thread and I think we both know they are not leaving without you going to court, which will likely take longer than the four months in this order.

After their S21 deadline date, if financing the kitchen is the issue perhaps a buy now pay in a year deal would do the trick, as you can simply settle the balance without incurring interest once you are rid of the tenants and have sold the property? B&Q do one of these schemes http://www.diy.com/finance/buy-now-pay-later and just get the cheapest kitchen you can find through them.

For the radiators and elec safety check I think you'll just have to do those, but think of it as being to get the house ready for sale.

In the meantime just tell the EO when they enquire that you are looking at kitchens and the best financing deal for your needs, but they should be assured the work will be completed before the deadline.

[bb41]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

The problem you have got is that if you knew your tenant was going to leave on 17th Oct you could do nothing and just tell the EO that you intend to complete the work on 1st Nov. As Oct 17th is a month and half away, I would just do nothing until you know for sure the tenant isn't leaving.

However, I remember your previous thread and I think we both know they are not leaving without you going to court, which will likely take longer than the four months in this order.

After their S21 deadline date, if financing the kitchen is the issue perhaps a buy now pay in a year deal would do the trick, as you can simply settle the balance without incurring interest once you are rid of the tenants and have sold the property? B&Q do one of these schemes http://www.diy.com/finance/buy-now-pay-later and just get the cheapest kitchen you can find through them.

For the radiators and elec safety check I think you'll just have to do those, but think of it as being to get the house ready for sale.

excellent idea thank you, it will save me time after they have eventually gone... I just wish the law was more kinder to landlords we are not all totally unscrupulous and although my finances will improve after it is eventually sold it's the stress in the mean time ..Once again thank you

[seduraed]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

Remeber The elcetrical Certificate is Good for five years. so you tenant will be gone y then.

[bb41]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

Arranged for the safety certificate for next week so another thing checked and rad thermostats will be fitted in the next couple of weeks .

Never again will I rent out to HB tenants again it has been a nightmare and it seems I have the law against me each time... just need a possession order quickly

[ostell]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

What's with the rad thermostats? These are required for all new installations but the regulations are not retrospective. Unless they were missed out when the system was installed. Has the EO got the wrong end of the stick?

It's a nightmare with HB and dealing with the council. I have had one good HB tenant. I even let her have her last month rent free as she had done such a good job of redecorating (with permission).

[bb41]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

There haven't been any new installations so not sure why I have to put them in and if I don't have to then it's an expense I can well do without to be honest.

I have had the same HB tenant for over 11 years with just the odd problem now and again and for the area the rent is well under market value. It's just in past 18 months things have gone bad to worse since her new partner arrived and HB was cut ..

I had to re-pay the council the deposit back to make sure it was protected in a government bond even though the deposit had been well used up in rent arrears and other damages in the past few years

the housing officer has told me they wont rehouse until bailiffs are there and have had to re-issue the section 21 again due to the bond .

I just want my house back so it can be sold after I have put the damage to my property right and forget this nightmare

[Crazy council]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

Hi

Whats there rent arrears. did you put up a copy of the TC. If you have to redo the notice, do them all, section 8 and 21.

[bb41]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

Rent arrears are over 4k and rising by 400 a month , if this section 21 is dismissed I will be throwing everything at them.. My Husband has just been down to measure the kitchen and now it seems the sewers are blocked and over flowing.. He had a look and it appears bits of Terry towelling have been ripped up and put down the loo. Thankfully I was able to book dyno rod for tomorrow morning .

It's getting ridiculous now

[Crazy council]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

Hi

Serve a section 8 as well, ( asap )

https://en.wikipedia.org/wiki/Section_8_notice

using grounds

Ground 8
Rent is unpaid when the notice seeking possession is served and at the time of the hearing for a Possession Order:
Rent is paid weekly or fortnightly and at least eight weeks' rent is owed
Rent is paid monthly and at least two months' rent is owed
Rent is paid quarterly and at least one quarter's rent is more than three months overdue
Rent is paid yearly and at least three months' rent is more than three months overdue.

Ground 10
Rent which is lawfully due to the landlord has not been paid by the time the possession proceedings are started and was owed at the time the Notice seeking possession was served.
If a landlord has been offered money for rent by the tenant but has refused to take it, the tenant will have a defence in the possession proceedings.

Ground 11
The tenant has failed repeatedly to pay rent on time. There doesn't have to be rent arrears at the time possession proceedings are started.


Ground 13
The property has deteriorated due to neglect by the tenant or by someone living with the tenant and the tenant has failed to remove that person.

https://www.gov.uk/guidance/assured-...y-forms#form-3

[bb41]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

wow thank you... I have arranged for dyna rod to go in this morning and they will email me a report on the problem.... I honestly think a lot of it's down to the new partner . The thing is I know the actual tenant wants to leave as she openly admits she can't pay the rent and wants to be put in council property rather than private rent and as she has a new baby then they will be helping her.

What I don't understand is that the council know they will have to re-house eventually so why make the LL go through expensive hoops to get to the same end

[Crazy council]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

hi

What I don't understand is that the council know they will have to re-house eventually so why make the LL go through expensive hoops to get to the same end

They have to, but, i find, if you explain your finacial position over the property, your intent to act on repaires as soon sa they are gone, the council tend to move a bit faster.

I have a lot of experience with ending difficult tenacys myself, so understand your position. At that much arrears, there just going to delay, fruaterate and waste your time.

You have options to consider, and some things you need to do a cost assesment of

1. Cost of eviction from now, with court and baillifs ( off your hands ) - £ 600 to £ 1200 ( estimate you could get local EA )

Ballance that up against

2. Cost of whatevwer the tenants going to do during the meantime , ie further rent arrears or damage.

A section 8 can get you possession fairly fast, usualy, regardless of what the tenants does to delay. at 4k arrears, they have very little chance, unless theres a reasonable paperowark trail in relation to long terms repairs outstanding, without reasonable reason.

It may also be worth negoteating with the tenant when the section 8 has been served. That can stopped them getting rehoused, and if they know there stuff, they will want to avoid that