Abusive tenant will not budge

Abusive tenant will not budge

16:36 PM, 26th August 2014, About 7 years ago 41

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I’d appreciate any advice regarding the situation I’m in with a tenant of 3 years. She had informed me a few months ago she’d be leaving as she was struggling to afford it any more, which I agreed to despite the fact that her lease ran out in January 2105. Abusive tenant will not budge

I still had to renew a gas safety check on the house as it had expired and the gas engineer who carried it out along with fitting a new bathroom suite as her son had broken the basin, had switched the gas off saying the cooker was at risk as it was too close to the kitchen units above it, along with 2 other points that he said needed updated on a brand new boiler which I had fitted a year ago & 2 others on cooker which had never been mentioned in last 3 gas safety certificates.

After this happened the tenant became extremely angry, shouting, swearing and being verbally abusive to me along with her mother to the point that I don’t not want to enter the house while she’s there now.

The next day I phoned gas health & safety & they told me the cooker was not to current standards as with all the other points but absolutely NOT at risk unless there were signs of scorching to units which there’s not. So I told the gas engineer this and to put gas back on. I still owe him £300 for bathroom fitting but due to the situation and abuse it provoked I have withheld payment.

I also text the tenant to say that after her abuse it would be best all round if she moved out as soon as possible and she replied saying that unless I wrote her a letter to the council so she could get a council house then she wouldn’t pay me another penny.

Despite being uncomfortable with her threatening me, I decided that this would be the quickest route for her to leave. I provided her and the council with all the necessary eviction forms and part of that included a document stating what the rent arrears were and a repayment plan to be maintained for at least 3 months which was £10 per week, of which she has paid nothing from the £415 she owes for 3 weeks.

Her leaving date is the 8th September and she has already told me that if she doesn’t have a house she won’t be going.

I have spoken to the Scottish Landlord Association who have basically said all I can do is take her to court if she doesn’t leave by then and also for the outstanding rent arrears. She has another £495 due to pay next week.

It all seems very unfair and that instead of being the person in charge of what happens here, I feel more like the victim which just isn’t right as I have been very accommodating with her persistent late rent payments & various breaches of contract she had.

Ultimately I want her to leave as soon as possible and avoid court proceedings which puts me in the vulnerable position of not wanting to antagonise her any further which could prolong her staying.

What is the best course of action here for me to honour myself and have her leave soon as and also am I within my rights not to pay the gas engineer/plumber the £300 for his part in all this and to cover the unpaid rent due to his incorrect diagnosis & unnecessary grief?

Any advice would be much appreciated.





by wanda wang

19:45 PM, 13th September 2014, About 7 years ago

To pay them to leave, what is wrong with this world and our system?
If I don't take any deposits, then I will be lost more? At lease I get some money back.

by Alan Loughlin

20:08 PM, 13th September 2014, About 7 years ago

no, because you will have taken a fee upfront, it is in the bank, not subject to the whims of a broken deposit system or a broken judicial system.
just do the maths, months with no tent, a thousand in legal costs when a few hundred readies sorts it, and new tenant in paying rent.

by wanda wang

20:39 PM, 13th September 2014, About 7 years ago

How much fee are you taking about you can take.
you maybe right in the maths, but let them get way with, I just can't swallow.

by gillian copes

18:04 PM, 14th September 2014, About 7 years ago

Hi Rosalind, yea that lovely bonus you've got regarding double rent unfortunately does not apply in Scotland. On the plus side tenant has now informed me she's leaving this Wednesday & I've had solicitor send her a letter to ensure she removes all her belongings and gives a forwarding address etc as I will not deal with her personally now.. So hopefully the house will be in a reasonable condition when I get keys back and I'l decide then whether to close that horrible chapter and be done with it or
pursue her for rent arrears, damages etc. Tho she could pursue me for her deposit not being lodged in time. Anyway just soo glad she's leaving without having to go to court for eviction. never again will I have housing benefit tenants and i'll be more fastidious about which tenant I choose in future. Thanks for your input 🙂

by gillian copes

18:08 PM, 14th September 2014, About 7 years ago

Just want to say a huge big heartfelt thank you to Mark Alexander for providing this forum and to everyone who has responded to my questions. Your support, advice, experiences and guidance have been absolutely invaluable and of the utmost help and assistance to me. Wishing every one of you all the very best 🙂

by Alan Loughlin

18:09 PM, 14th September 2014, About 7 years ago

Reply to the comment left by "wanda wang" at "13/09/2014 - 20:39":

sometimes we just have to be pragmatic.

by Mark Alexander

10:50 AM, 15th September 2014, About 7 years ago

Reply to the comment left by "wanda wang" at "13/09/2014 - 16:53":

Hi Wanda

All you need to do with My Deposits when a tenancy goes periodic is to click the button within 30 days and re-serve the prescribed information to your tenants. Rest assurred this will NOT invalidate your section 21 notice. You MUST do this, or return the deposit to your tenants.

by wanda wang

21:20 PM, 15th September 2014, About 7 years ago

Thanks Mark, But where court think I give them periodic tenancy which I have no intention to do that.

by Mark Alexander

21:41 PM, 15th September 2014, About 7 years ago

Reply to the comment left by "wanda wang" at "15/09/2014 - 21:20":

Wanda, a statutory periodic tenancy is automatic if the tenant remains in the property after the initial fixed term has expired. It does not affect your rights to seek possession. You MUST extend your deposit protection or return the deposit, otherwise you will be in breach of scheme rules and hence the law too. I can assure you once again that extending the deposit protection with My Deposits when the tenancy goes periodic will not affect your rights to obtain a possession order.

by wanda wang

21:51 PM, 15th September 2014, About 7 years ago

Thanks mark, that is really helful, by the way, do you have any idea what is full prescibed information need to include in.

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