Tenant blackmail at end of tenancy!

by Readers Question

17:12 PM, 1st May 2016
About 3 years ago

Tenant blackmail at end of tenancy!

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Tenant blackmail at end of tenancy!

I currently have a couple who have been tenants for the past 3 years, in my 2 bed flat. They have been ideal tenants paying rent on time, the flat is always clean and tidy and there have been no issues with the neighbors. They have had a couple of children whilst in the property.blackmail

At the end of March they notified me that they didn’t want to renew the tenancy for another year, as they would be looking for another property (I assumed that they just wanted something bigger with a garden). Their tenancy expired at the end of April, but it was mutually agreed at the time that they would move out at the end of May, which I later confirmed in writing.

The problem started when the tenant refused to let anyone view the property, unless I provide them with an eviction notice. I believe that they want to get a council house quickly if I make them homeless. However I don’t have any grounds that I can legally evict them, which I have notified them of.

They are now threatening not to pay any more rent or to actually move out at the end of May. Claiming that they can’t afford it as his hours have be cut at work.

I may have been understanding of their situation if they straight with me, but being blackmailed this way just puts my back up.

Richard



Comments

Neil Patterson

17:15 PM, 1st May 2016
About 3 years ago

Hi Richard,

It sounds like you may end up needing professional help.

Please see our tenant eviction page under the legal tab >> http://www.property118.com/tenant-eviction-2/

Ross McColl

22:24 PM, 1st May 2016
About 3 years ago

Why do you need a ground for eviction? Why not just serve a section 21?

rob david

10:54 AM, 3rd May 2016
About 3 years ago

Sound like they're conspiring to defraud the local authority.

Charles de Lastic

10:57 AM, 3rd May 2016
About 3 years ago

I would suggest to them that if they don't pay the rent you will have to serve them notice to quit and furthermore you would pursue them in the courts for outstanding rent and all the costs involved. Let them know that a CCJ registered against them would have long term credit implications

Dr Rosalind Beck

15:32 PM, 3rd May 2016
About 3 years ago

If you have in writing their decision to end the tenancy at the end of April, they will probably be liable to pay double rent from the beginning of May. I can look up this law for you if you like. That might push them into honouring their word and leaving.

Steve From Leicester

16:12 PM, 3rd May 2016
About 3 years ago

Legally Ros is right about the double rent if the tenant doesn't leave on the day they were supposed to. But as you allowed them to stay for an extra month what you've effectively done is create a Statutory Periodic Tenancy - i.e. a rolling contract which continues on a month-by-month basis on the same terms and conditions as the original tenancy until one party serves notice to end or vary it.

Regardless of how they've behaved in the past you've now got problem tenants on your hands and, like Neil in the opening comment I'd suggest you get professional help sooner rather than later.

Michael Barnes

23:08 PM, 4th May 2016
About 3 years ago

Reply to the comment left by "Ros ." at "03/05/2016 - 15:32":

It is Section 18 of the Distress for Rent Act 1737.

It only applies if the tenants gave notice and stayed beyond the agreed date.

Chris

17:24 PM, 7th May 2016
About 3 years ago

I would just serve them with the Section 21 notice.
I have had to do this a couple of times for tenants who start causing problems because they want the Council to move them.
It is not worth the hassle or trying to get them to pay their rent.

Sharon Betton

12:22 PM, 11th May 2016
About 3 years ago

Reply to the comment left by "Chris Lucy" at "07/05/2016 - 17:24":

It may be worth reminding them that any notice you serve is likely to be followed-up by the Council. If so, you would have no choice but to advise that they have stopped paying the rent, thus making themselves "intentionally homeless" if you evict them. Most Councils will not touch under those circumstances - they are over-whelmed with applicants who do not leave rent arrears behind them.


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