8:49 AM, 20th March 2023, About 3 years ago 26
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Hi there, I have recently had a lot of complaints about a tenant of mine who is on an AST.
He has breached the contract in that he has disturbed his fellow tenant and neighbours by making noise/playing loud music, having friends at the house for parties at unsocial hours, smoking cannabis in the house, and by making verbal and written threats my other tenant. Furthermore, he is now refusing to pay the rent.
However, he is also on an AST and has been at the house for only 1.5 months. I do not have a break clause in my contract but there is a clause stating that the landlord can end the agreement at any time with just one month’s notice.
However, while I do have Gas Safety certificate, I did not give it to the tenant when he moved in. Nor did I give him a copy of the ECP.
What are my options?
Grateful to hear of any advice you can give me.
Thank you,
Julie
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Member Since October 2022 - Comments: 396
7:58 AM, 22nd March 2023, About 3 years ago
S8 is the only way forward. You can serve ground 10, 11 and 14 now.
Getting the order will probably be difficult as you need witnesses to the anti social behaviour. They may complain but they probably won’t stand up in court and complain.
You can approach the council to get noise issues sorted and use that as evidence of ground 14.
Other than that it’s wait till arrears reach 2 month then serve ground 8 as well
They may take the 10, 11 and 14 as a warning and behave.,or you could negotiate. But you don’t have the upper hand
Monni
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Member Since January 2023 - Comments: 3
8:12 AM, 22nd March 2023, About 3 years ago
Reply to the comment left by London Landlord at 21/03/2023 – 18:52Amicable solutions are best throug open discussion. Compassion and kindness goes a long way. Its always good to do business with consideration and care to resolve issues. Glad it worked. We’ll done!
David Houghton
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Member Since October 2022 - Comments: 396
9:16 AM, 22nd March 2023, About 3 years ago
Reply to the comment left by London Landlord at 21/03/2023 – 18:52
Great outcome. Pleased for you
Chris Bradley
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Member Since December 2019 - Comments: 240
11:36 AM, 25th March 2023, About 3 years ago
Reply to the comment left by Albert Liu at 20/03/2023 – 20:25
You suggest an agent that will bring the property up to regulation.
This is incorrect. I have viewed many agent run properties that are not up to regulations and are tenanted and on the market to sell. When I have pointed out issues with lack smoke alarms or rooms sizes the agents response as been “we are renting on the instruction of the landlord, it is the landlords responsibility to ensure the property is fit to rent not ours” and this has been from multiple agents as I often view tenanted properties looking to purchase.
Graham Bowcock
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Member Since January 2020 - Comments: 553
15:33 PM, 25th March 2023, About 3 years ago
Reply to the comment left by Chris Bradley at 25/03/2023 – 11:36
The buck will always legally stop with the landlord.
I too see properties that are not up to standard that are being let and managed by agents and it’s very disappointing. There’s no reason for it in 2023.
My agency will not list properties that do not meet minimum standards (both leqal and commercial). We bought in a portfolio of managed houses and lost some landlords along the way where they had different ideas on the matter. It’s their loss!
Rod
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Member Since August 2021 - Comments: 302 - Articles: 1
13:50 PM, 26th March 2023, About 3 years ago
As has already been said above, it appears a lack of knowledge has allowed you to walk into the trap which awaits those who assume that landlording is simply a case of buying a property and finding a tenant.
Unfortunately, too many landlords are happy to invest £000’s in their property but fail to invest in themselves and the knowledge required to understand the pitfalls and how to avoid them.
The LLAS accreditation scheme is operated in association with many local authorities.
The team at iHowz would be happy to talk you through how to address your issues.
https://ihowz.uk/join/#membership
As well as access to our knowledgeable and friendly advice team, members have access to preferential rates for our evictions specialist partner SCS.
For those who still want to pay nothing for their training and support and just rely on the internet for all their information, the latest How to Rent Guide was published this week.
https://www.property118.com/new-how-to-rent-guide-is-published/
Page 11 would be a good place to start your pre-tenancy checklist
Or take a look at this information
https://ihowz.uk/commencing-tenancy/