Tenants fallen out and neither will leave?

Tenants fallen out and neither will leave?

9:29 AM, 3rd June 2020, About 2 years ago 18

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I have 2 tenants in my property who each rent a room each and share a communal space. Since living together, they have argued non-stop over really petty things and were contacting me daily to complain about each other.

Finally, it escalated in January and in February one of them went to stay with her Mum and hasn’t been back to the property since.

I had offered to release both of them early from the contract if they were so unhappy, but both declined and said they didn’t see why they should have to move out when they were happy there and blaming the other person for being anti-social and impossible to deal with.

Just before lockdown I pre-warned both of them that I would be taking back possession of the property once the minimum 6 months were up. One of the girls replied and said that she had found somewhere else to stay and was actually moving her stuff out the following week as she was taking me up on my offer to leave early. No notice nothing! At this point I just wanted one of them to leave because it had got seriously stressful waking up to early morning messages from them both.

That was just before we went in to lockdown in March. Obviously as soon as that happened she was unable to come and remove her belongings. She then lost her job and was really worried about her Mums health as she already has a lung disease so she was staying with her and being very strict on the self-isolation which I totally understood.

I volunteered a reduction in rent for April to help her out and I couldn’t get new tenants in at that point anyway. I thought I was doing her a favour and that as soon as she could she would remove her belongings.

I haven’t received any rent since 4th March and she has now applied for housing benefit.

We discussed everything over email and I said that as the restrictions were lifting, and house moves could go ahead now I really need her to get her stuff and vacate the rooms. She agreed and was due to move her stuff out next weekend 6th June. I then found new tenants who gave notice on their current property and were going to move in later in June.

She has now emailed me and said that she doesn’t want to find another shared property because she doesn’t want to mix with other people while her mum is sick. She wants to apply to the council to house her in her own flat as she is unemployed and on benefits now but that they will not help her if she leaves my property voluntarily. So she wants me to start eviction process.

1. she hasn’t lived in my property since end of January she has just left her belonging there so even by me evicting her is not making her homeless
2. Granted her mum has a small flat but she can stay there she is not on the street
3. Where do I stand with these emails agreeing to move out already and then suddenly changing her mind because she wants a council property?

I know I’ve made this situation worse by being understanding and agreeing terms outside of the contract. The contract states that after the 6 months minimum (4th May) she has to give me 6 weeks’ notice to leave which she has never done.

If I want her to leave I need to issue section 21 with 3 month’s notice but I’m wondering if she will then ignore this in order for me to go to court so she is made legally homeless for the benefit of her council house application

This is the first and last time I rent a property, any advice would be gratefully received.

Many thanks,

Stacie



Comments

Whiteskifreak Surrey

22:15 PM, 5th June 2020, About 2 years ago

Reply to the comment left by Puzzler at 05/06/2020 - 20:02
And still absolute ZERO consideration to landlords situation...
Where is "Boris, the Landlords' friend"? Where is the Landlords Alliance?
Just asking...

FirstTimer

8:52 AM, 6th June 2020, About 2 years ago

Reply to the comment left by JohnCaversham at 03/06/2020 - 11:09
I know right and that's after months of delays with the eviction process!! She is definitely dreaming if she thinks they will give her a property in a month or two.

FirstTimer

9:17 AM, 6th June 2020, About 2 years ago

Reply to the comment left by Dr Rosalind Beck at 03/06/2020 - 11:22
Thank you for your reply. Does an email from her agreeing to move her belongings out by today count as written notice to leave? Because the contract says she needs to give me 6 weeks notice but she has never actually done this. Its just from us discussing over email that she agreed to move her stuff out by today. Then changed her mind last minute. thanks

Dr Rosalind Beck

9:29 AM, 6th June 2020, About 2 years ago

Reply to the comment left by FirstTimer at 06/06/2020 - 09:17
Hi.
Some people say that an email or text doesn't count, but an email worked for me once - the judge accepted it - and the tenants had to pay double rent for the last couple of months they were there. This was got by a later attachment of earnings at their workplace. Perhaps just the threat will act as enough leverage to get them to leave, but it is a goer as far as I can see.
Good luck with it.

FirstTimer

9:30 AM, 6th June 2020, About 2 years ago

Reply to the comment left by Penny DJ at 03/06/2020 - 17:14
Thank you Penny. She told me that her mothers doctor is willing to help by telling the council that she cannot live with other people due to the high risk to her mothers health (catching covid) and I think she believes this will be enough for the council to help her. I don't think they will care to be honest. Do I have any rights to pack her belongings up and store them? Because although she agreed to come and collect them by today and finally end the tenancy she has now changed her mind. I just don't want to be in a position where she can take me to court! She has since paid for April and May at a reduced rate (50%!) but has no means to continue paying the full rent. Thank you

FirstTimer

9:33 AM, 6th June 2020, About 2 years ago

Reply to the comment left by Ingrid Bacsa at 05/06/2020 - 00:37
Hi Ingrid, thanks for your replies. No I do not live at the property with them. Its a 2 bedroom flat and each tenant rents a room (2 rooms in this tenants instance she also rents the front room). They share a kitchen and all the bills are in my name. Thanks

FirstTimer

9:53 AM, 6th June 2020, About 2 years ago

Reply to the comment left by Dr Rosalind Beck at 06/06/2020 - 09:29
Thank you for that. So would I still need to issue a section 21 and take her to court so prove all this? and then she would owe me backdated rent? Or do I write to her and say I am not accepting her refusal to collect her belongings and I will pack them up and store them safe until she collects them? Am I able to do this? Thank you

Ingrid Bacsa

18:42 PM, 6th June 2020, About 2 years ago

Reply to the comment left by FirstTimer at 06/06/2020 - 09:33Hi,
If she is breaching the agreement by not paying full rent, she is unlikely to go to court if you dont let her stay, especially since she gave written notice. She would look crazy.
I see two choices here:
1. I would ignore her wishes to move back in.
I personally would say in writing (evidence for any legal challenge) that You yourself had decided to move back in thinking she was leaving (or another person who already paid a deposit):
"Dear .....,
Further to your notice and promise to collect your things, this is to inform you that a new tenant has accepted the rooms and will be moving in on ....... PLease can you arrange to collect your belongings before this date. I can deliver them for you if you prefer. If you do not collect them by .... i will store them for you for a short period if you let me know when they can be collected."
OR
If you didnt keep a room to call your own, you are still the bill payer.
When she first terminated the agreement, I would inform her that you checked your accounts and found you cant carry on paying the bills for a new agreement. So, following her notice, you have already notified utility supplier that you are ending contracts in your own name .
She will need to sign a new shorthold agreement as terms have had to change. You cannot possibly carry on as bill payer for the next - new - period following Covid effects on your finances.
So you will be passing on both of their names to the utility companies. You can only continue any letting if they pay their own bills and council tax. ( You could quietly reimburse the other tenant if that works).
She is obviously trying it on with you and you need full rent, so either of these strategies may save a lot of hassle. Best of luck.
.

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