I am being bullied by my tenant

Reply to the comment left by "sharmela Jansari" at "12/05/2014 - 09:54":

Please note this if your tenant refuses access that you can be prosecuted for trespassing. However, if you give your tenant reasonable notice (e.g. by recorded delivery letter) and they do not contact you to deny access then you can't be prosecuted for trespassing.

Good luck!
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I think that this goes to prove Paul Routledge right - with tenants, it's not just about whether they're good on paper - i.e. they're credit worthy, in stable employment etc but also what they're like as people and how they've conducted themselves with previous landlords in the past.

This is his first time renting, wife left him so he liquidated his business, I presume to stop her getting any of it. He had no job so took six months rent in advance. He was a bit of a pain the first six but not abusive. I renewed for another three months taking rent in advance due to lack of reference (says he does not need to work but he is working but wont allow reference). Gave him 8 days to sort a date with gas cert guy, decided on day 7 that its not his job.. then denies access. He's having a 4/5 bed house built and feels it is beneath him to be renting...I know its not all about the money hence making sure I met him at the start and again to see what he wanted to do.

Reply to the comment left by "sharmela Jansari" at "12/05/2014 - 10:39":

If this is the second period then you should serve a section 21 (4a) notice now to ensure that you are in a position to seek a posession order if you wish on the day after the end of the new three month fixed term tenancy.

You did re-protect the deposit and re-serve prescribed information within 30 days of creating the new three month tenancy I hope? !!!
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Yep 🙂

I've also had tenants who appeared to be fine at first, but then became more of a nuisance as the weeks progressed, and it got to the point where they were ringing me several times a day to either complain, make a comment, or simply update me about their situation (e.g. what item of furniture they had bought for the flat). Thankfully they moved to a larger property about 10 weeks into the 6 month AST, but I later met the landlord of their new property and they were an absolute nightmare for him too, and caused lots of damage and left with rent arrears, so I guess I had a lucky escape!!!! It later transpired that the tenant had serious mental health problems, and was known by at least 96 different names!!!

I would suggest taking all action legally possible to evict him as soon as possible, BUT in the meantime protect yourself from accusations by ensuring all jobs are done as quickly as possible (and record everything, so you have proof of the reasonableness of your actions). Take photos, get witnesses.

Also, if possible, get (and record) details of any assets he may have, e.g. this 4 bedroom house he is having built for him (if it is not a figment of his imagination), his car details, etc. as he may well cause you a lot of financial expense (legal costs, damage to property, etc), so you need to plan in advance what debt recovery action may be required and what information may assist with this process. You may be able to check his business details on Companies House website, to see if this really existed and whether it has been wound down by him or made bankrupt.

This sounds like a tenant that is playing games- had a few like this before. I can not see nay Judge agreeing that you have broken the law- you have done everything reasonable to again access. On occasions like these I have written a polite letter to the tenant making it clear that their refusal to allow access is breach of the AST and any action due to their unreasonable behaviour will be placed before a court if it gets that far - I have found this tends to work. In the letter I would also state that you are to call, giving a date a few days in advance, with your contractors to do the work in question and an opportunity to call and re-arrange if such time is not acceptable.

Saying all this it does sounds as if the tenant is not happy where he lives and wants out. Give him the opportunity to go if he so wishes and pay back any rent if that placates him and get a new tenant ASAP.

How is the tenant abusive via text? Do you have any examples of where he has been abusive you can share?

I'd be inclined to let him know that he needs to work with you if you are to offer him a safe house, and that you will be empowering the gas engineer to enter if he is not at the property. Give the tenant sufficient notice. If the tenant refuses then you are covered - it is very unlikely any public safety body (HSE etc.) will be interested if you have made all efforts to perform a gas safety certificate. It won't come as a shock to the tenant to receive a Section 21 notice I suspect, but it may not come to that.