JohnnyFartPants Posted 20 October, 2008 Posted 20 October, 2008 I have a dodgy family in a house I am renting out. They have signed a contract but have on two points (maybe even three) not stuck to it. Firstly they have chopped down trees and removed bushes and plants to get more vehicles in the front garden. Secondly they agreed to not keep pets but have a dog in the house. They even rang the agency the other day saying that they believed I may have had pets and they are allergic to animals so could they chose new carpets!! Lastly, as there are three all adult generations in the same house and the contract is between me and just one adult, I suspect sub-letting is also going on, though hard to prove. As they are in breach of the contract, does it mean I can waive their rights to 6 months and demand that they leave?
stevegrant Posted 20 October, 2008 Posted 20 October, 2008 I would imagine that you may be able to give them a month's notice of termination (check the contract very carefully to see if there are any clauses regarding breach of contract). However, don't expect the house to be in any sort of fit state to live in once they've gone...
JohnnyFartPants Posted 20 October, 2008 Author Posted 20 October, 2008 I would imagine that you may be able to give them a month's notice of termination (check the contract very carefully to see if there are any clauses regarding breach of contract). However, don't expect the house to be in any sort of fit state to live in once they've gone... I know they are in breach, but I just don't know what a breach of contract entitles me to, other than some of their deposit to put right a few things.
Jillyanne Posted 20 October, 2008 Posted 20 October, 2008 I don't think I know anyone who has ever had 100% of a rental deposit back.
Thedelldays Posted 20 October, 2008 Posted 20 October, 2008 it is a dodgy one...the shortest tenancy agreement is 6 months (i think) and after that term, provided they have not signed on again, they are automatically on a rolling contract..im sure by law, you have to give them two calender months notice to leave and they have to give you one month....... however, be aware of squatters rights etc.... as for deposit.....you are entitled to use it to rectify the place after they left...you HAVE to consider natural wear and tear and they have to agree to the amount you want to use..should they not, then it will go to independat arbitration and their decision is final...
Scudamore Posted 20 October, 2008 Posted 20 October, 2008 I don't think I know anyone who has ever had 100% of a rental deposit back. I have. Several times...
JohnnyFartPants Posted 20 October, 2008 Author Posted 20 October, 2008 it is a dodgy one...the shortest tenancy agreement is 6 months (i think) and after that term, provided they have not signed on again, they are automatically on a rolling contract..im sure by law, you have to give them two calender months notice to leave and they have to give you one month....... however, be aware of squatters rights etc.... as for deposit.....you are entitled to use it to rectify the place after they left...you HAVE to consider natural wear and tear and they have to agree to the amount you want to use..should they not, then it will go to independat arbitration and their decision is final... All you have said is correct about the two months and one months notice. The squatters rights bit does worry me as the relationship between me and them has broken down today. They managed to ask around and got my phone number from a neighbour and have rang me to say I am "petty" for not liking a tree cut down in my garden. I have to be a bit careful what I say as not only don't I want the place ruined but also the bloke in there is a bouncer and might mash my head up!!
Thedelldays Posted 20 October, 2008 Posted 20 October, 2008 All you have said is correct about the two months and one months notice. The squatters rights bit does worry me as the relationship between me and them has broken down today. They managed to ask around and got my phone number from a neighbour and have rang me to say I am "petty" for not liking a tree cut down in my garden. I have to be a bit careful what I say as not only don't I want the place ruined but also the bloke in there is a bouncer and might mash my head up!! I used to work for the a letting agency on London rd from 98-99...it is a tricky business when situations like these happens.. IF you are with an agency they SHOULD help you out..they SHOULD hold the deposit etc...with that, what you might find is that they will do a runner not paying the last months rent and you are left to cover that whilst not having money left to cover for cleaning etc.. IF in your contract you stated that things like removing the tree was not allowed then you have a case...whether you would achieve anything from it is another matter.. thing is, the law is heavily in favour of you NOT making these people homless..regardless of the circumstances...whether that is right or wrong is another matter...
Guest Dark Sotonic Mills Posted 20 October, 2008 Posted 20 October, 2008 IIRC they have no right to cut down a tree and you should be able to report it to the Police as criminal damage. Go to a solicitor and get the eviction ball rolling for breach of contract. They are responsible for damages so make sure you keep hold of contact details.
stevegrant Posted 20 October, 2008 Posted 20 October, 2008 I don't think I know anyone who has ever had 100% of a rental deposit back. I have, on both occasions that I've rented.
JohnnyFartPants Posted 20 October, 2008 Author Posted 20 October, 2008 IIRC they have no right to cut down a tree and you should be able to report it to the Police as criminal damage. Go to a solicitor and get the eviction ball rolling for breach of contract. They are responsible for damages so make sure you keep hold of contact details. What is IIRC short for? Thanks for the advice.
Jillyanne Posted 20 October, 2008 Posted 20 October, 2008 I have, on both occasions that I've rented. Good for you, the landlord I rented through in Chandlers Ford accused me of having put screws in the wall that were not there before we moved in........... only the heads of the screws had the bloody paint that he painted the walls with before we moved in on them, idiot.
Guest Dark Sotonic Mills Posted 20 October, 2008 Posted 20 October, 2008 What is IIRC short for? Thanks for the advice. If I remember correctly. I f*cking hated Land Law... Still do.
Scudamore Posted 20 October, 2008 Posted 20 October, 2008 Good for you, the landlord I rented through in Chandlers Ford accused me of having put screws in the wall that were not there before we moved in........... only the heads of the screws had the bloody paint that he painted the walls with before we moved in on them, idiot. nope...read it several times...still don't know what the hell you're talking about... i think you may have to lay off the boozing during the day jilly...
JohnnyFartPants Posted 20 October, 2008 Author Posted 20 October, 2008 If I remember correctly. I f*cking hated Land Law... Still do. Are you a solicitor then?
Guest Dark Sotonic Mills Posted 20 October, 2008 Posted 20 October, 2008 Are you a solicitor then? Employment, discrimination and Human Rights consultant lawyer.
Thedelldays Posted 20 October, 2008 Posted 20 October, 2008 Employment, discrimination and Human Rights consultant lawyer.
JohnnyFartPants Posted 20 October, 2008 Author Posted 20 October, 2008 Employment, discrimination and Human Rights consultant lawyer. Any chance of a free letter sent to the tenants, sort of inclusive with my £5 membership, perhaps?
EastleighSoulBoy Posted 20 October, 2008 Posted 20 October, 2008 (edited) I don't think I know anyone who has ever had 100% of a rental deposit back. We did! Despite renting through D**** E****! Edited 20 October, 2008 by EastleighSoulBoy
foghorn Posted 20 October, 2008 Posted 20 October, 2008 I thought this was a thread about a ****up with cheapo scottish lager
revolution saint Posted 20 October, 2008 Posted 20 October, 2008 Yeah from what i can remember the best you can hope for is to give them a months notice and hope the place isn't too badly trashed.
Hatch Posted 20 October, 2008 Posted 20 October, 2008 A tenant who is renting of my brother is being a right **** about a number of issues. Unless he shuts the f**K up, getting his deposit back is going to be the least of his issues.
Weston Super Saint Posted 20 October, 2008 Posted 20 October, 2008 Yeah from what i can remember the best you can hope for is to give them a months notice and hope the place isn't too badly trashed. Two months notice. After that you need the courts to evict them if they decide to 'squat'. I wouldn't worry about the guy being a bouncer, in my experience I have always known friends of friends who are bigger uglier and more psychotic than the people I'm dealing with - most of them are happy to do things for kicks!!!! I would worry more about the condition of the property once they have left, which one months deposit probably won't rectify. You always have the criminal damage charges you could bring, but that relies on not only our wonderful police force actually doing anything, but the lunatics that run our justice system siding with you.... I think you have to weigh up whether the loss of a few trees is worth having your property [potentially] ruined, and let things be until the contract runs out. You've no guarantee though that even at the end of the period they will leave peacefully and quietly....
Scudamore Posted 20 October, 2008 Posted 20 October, 2008 A tenant who is renting of my brother is being a right **** about a number of issues. Unless he shuts the f**K up, getting his deposit back is going to be the least of his issues. Shall we do 'im 'Atch?
TopGun Posted 20 October, 2008 Posted 20 October, 2008 I have a dodgy family in a house I am renting out. They have signed a contract but have on two points (maybe even three) not stuck to it. Firstly they have chopped down trees and removed bushes and plants to get more vehicles in the front garden. Secondly they agreed to not keep pets but have a dog in the house. They even rang the agency the other day saying that they believed I may have had pets and they are allergic to animals so could they chose new carpets!! Lastly, as there are three all adult generations in the same house and the contract is between me and just one adult, I suspect sub-letting is also going on, though hard to prove. As they are in breach of the contract, does it mean I can waive their rights to 6 months and demand that they leave? NLA sounds the right place for you.
AwaySaint1 Posted 20 October, 2008 Posted 20 October, 2008 I also rented a property through a large chain estate agent. The tenant refused to leave at the end of the contract unless I released his deposit first. He had even been subletting to 3 others for more than 12 months. In the end I managed to get him to leave by showing him that I had taken out insurance on the letting to the max and if he did not leave on the given date he would be liable for my hotel bill and storage of furniture for me and my wife+the 2 boys until we returned to the property. I had to still give him his deposit before he would leave and had to repair the flood damage out of my own pocket. NEVER AGAIN! I was also going to let the property through D**** E**** until I found out that his tennant was declared bankrupt only 6 months before.
Thedelldays Posted 20 October, 2008 Posted 20 October, 2008 when i worked at one of the agencys in london rd...my mate was/still is a proper loon and a hard as nails...the company used him (unofficially) through me to pay the tennants a visit... most, infact all of the idiots we rented to were students...so after a visit by said friend, they started to co-operate
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