How to deal with an unresponsive tenant?

How to deal with an unresponsive tenant?

9:30 AM, 19th September 2024, About A week ago 44

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Hi all, please can you offer some suggestions. My tenant does not respond to emails or telephone calls very often and when he does it’s always difficult to arrange a convenient day/time, even for external work.

There are numerous issues at the property including holes in the wall, dog without permission and other property changes. The police forced welfare entry from an anonymous caller. Damaged small panel external door, tenant was inside in bed and was then arrested for resisting arrest. Rapid response arranged by the police secured the door and turned the bottom panel around.

It’s secure and locks and tenant has not complained about this. Insurance excess is the same cost of a full new panel. Tenant said he would pay for the door if the Police are not liable (they are not liable, right address and permission to enter approved) is it worth contacting the police legal department???

I’m concerned as there are 8 more months remaining on the tenancy this could happen all over again, tenant declined key safe. Police have my details as a key holder and agent, but unlikely they would contact me and just force entry!

Should I just replace the panel and take the hit and keep my fingers crossed.Leave it until the tenant leaves? Can he complain about this?
Would the deposit scheme work on this occasion, if it’s repaired? Or do I not bother trying to claim?

There are no other repairs outstanding and any in the past have been completed as quick as possible once access is agreed!

Agent not great so reaching out here.

Thank you,

Alison


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Alison Clark

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14:41 PM, 19th September 2024, About A week ago

Reply to the comment left by Disgrunteld Landlady at 19/09/2024 - 13:20
That is shocking, sorry to hear that.

Thank you for the selective licence tip. I checked recently with north Yorkshire Council website, but I will ask the agent to check too. Thankfully no licence required as yet?!?

Yes I would have definitely served notice if I had a break clause. Apologies, do you mean with regards the check in, make sure there are both pictures and text describing the rooms?

GARY RIVETT

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15:12 PM, 19th September 2024, About A week ago

Hi Alison,
Like me, when I first became a LL, you have made many mistakes, however, if it were me in this situation, I would write to the tenant in a nice letter explaining things and letting him know that if I cannot amicably resolve things, you will be forced to serve an eviction notice as soon as is practicable, as it is not legal for you to keep the property in an unsafe condition.
Good luck with the TDS, if the tenant disputes anything you claim for, you are likely to get nothing, I would not rely on being able to keep the deposit unless you can prove absolutely that the tenant has caused the damage maliciously. I know this from bitter experience, I once had a tenant who caused over £3k of damage, I claimed just the deposit of £650, but I was awarded only £40 of the deposit. It is absolutely disgraceful.
Unfortunately, you will have to pay dearly for your original mistakes, as I did, sorry, but it looks as though you are in for some pain/stress/cost.
Get rid of the agent as advised above and then hope that the threat of future eviction will work (probably not though).
If the letter does not work, Serve the S21 as soon as you can (if legislation has not overtaken you), claim the deposit and if you are capable of handling more stress, take the tenant to court after the eviction.
Try not to use too much valium/Prozac.
Good luck.

Alison Clark

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15:18 PM, 19th September 2024, About A week ago

Reply to the comment left by GARY RIVETT at 19/09/2024 - 15:12
Thank you Gary.

Deposit schemes sound like a shambles!

Southern Boyuk

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16:26 PM, 19th September 2024, About A week ago

You do not have to worry about a brake clause if your AST states no animals are allowed and you have not given permission which you cannot unreasonably withhold unless the sublease or there are mortgage requirements stating this. Also your mortgage may state that the property has to be kept in good condition so really it’s looking at any mortgage conditions you may have on the property, I assume you have told them you’re renting it if not, that’s another legal issue you’ll have if if the latter is the case I would suggest you batten down and say nothing and just get the tenant out.

There may be other conditions in your AST for which the tenant is in breach and these are the conditions if breached that you can serve notice. Hope that helps.

Also, as I said, you need to start documenting everything and get it in chronological order as when you start to deal with the deposit scheme Companies they want everything lined up, so you might as well get it in order as you go along

Alison Clark

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17:16 PM, 19th September 2024, About A week ago

Reply to the comment left by Southern Boyuk at 19/09/2024 - 16:26
Thank you. Yes mortgage BTL consent in place and yes states no pets in AST.

All correspondence is by email to agent (fully managed) including findings after routine visits and any branch face to face contact, I ask them to email me our discussions and their response.

My plan is to arrange a pre inspection before he leaves and discuss expectations of how I wish the property to be left and what he needs to do. If this goes to plan he will receive his deposit back in full and fingers crossed no need to use the deposit scheme. Wish me luck 🤞.

GlanACC

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17:52 PM, 19th September 2024, About A week ago

I suggest you immediately seek the advice of a specialist (eg. Landlord Action - Paul Shampalinas outfit) and start getting him out. With all the issues you have stated it is very likely some do gooder organisation will try to come to the rescue of the tenant. Yes, it will cost you money but at least these organisations will have come across this situation before and will know better than you what to do.

Alison Clark

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19:08 PM, 19th September 2024, About A week ago

Reply to the comment left by GlanACC at 19/09/2024 - 17:52
Thank you.

GlanACC

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19:23 PM, 19th September 2024, About A week ago

Reply to the comment left by Alison Clark at 19/09/2024 - 19:08
I have used Landlord action twice before and they were a very professional outfit and got the required result. They even send a legal beagle to the court to sit next to me just to make sure the judge couldn't take liberties.

Alison Clark

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20:09 PM, 19th September 2024, About A week ago

Reply to the comment left by GlanACC at 19/09/2024 - 19:23
Thank you.

Barry Cook

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23:17 PM, 19th September 2024, About A week ago

Sometimes it's worth offering an undesirable tenant a conditional incentive to leave.

We've offered an incentive subject to property being vacated by a specific date, left in a clean and tidy condition with no arrears or significant damage.

Could be cheaper than court action. Tenant leaves willingly rather than digging their heals in.

It goes against the grain, you shouldn't have to do it.

However, it may result in swifter possession of YOUR property, less stress and gives you the opportunity to carefully consider your future plans for it.

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