Posts Topics Forums Images
Search videos from message boards Videos Search messages from microblogs Microblogs Search messages from imdb.com Imdb Search messages from yuku.com Yuku Search messages from lefora.com (free forums) Lefora
My account: Login | Sign Up
Loading... 

Thread: Tenant in Breach

Started 1 month, 1 week ago by Barch
Hi All. I wonder if anyone can explain the procedure for when a tenant is on breach of contract? my "lovely" tenant has done the following without any permission. 1. Moved a second person into the property, from Day 1. 2. Mounted a 40" LCD screen on the fireplace wall. 3. Have a pet cat, AST states, NO Pets. 4. Smoke in the property, AST states No ...
Site: LandlordZONE Property Forums  LandlordZONE Property Forums - site profile
Forum: Residential Letting Questions  Residential Letting Questions - forum profile
Total authors: 5 authors
Total thread posts: 18 posts
Thread activity: no new posts during last week
Domain info for: landlordzone.co.uk

Other posts in this thread:

dominic replied 1 month, 1 week ago
What does your TA say about guests? most state that immediate family and temporary guests are ok. Who is responsible for the bills (gas, elec etc). If T, the extra person will only have an adverse impact on the level of wear and tear and may be something you have to live with. Also, did the T fill out a "questionnaire" on application on which he stated (i) he ...

tom999 replied 1 month, 1 week ago
Quote: Originally Posted by Barch What do I do? Do I have to ask them to cease smoking, get rid of the cat, park elsewhere or can I serve notice as tenant is in breach? Do I have to give them an opportunity to rectify? Write a firm letter before action to T, giving them 28 days to rectify...

islandgirl replied 1 month, 1 week ago
But S21 only operable at end of fixed term. In my opinion s8 for these "breaches" would not have a cat in hells chance of success!

tom999 replied 1 month, 1 week ago
Quote: Originally Posted by islandgirl But S21 only operable at end of fixed term. A valid s.21 notice can be served at any time after tenancy starts; whilst its true that LL cannot apply for a court order until after the fixed term, it does give LL mandatory possession on a no-fault ...

Barch replied 1 month, 1 week ago
Quote: Originally Posted by tom999 A valid s.21 notice can be served at any time after tenancy starts; whilst its true that LL cannot apply for a court order until after the fixed term, it does give LL mandatory possession on a no-fault basis. Presumably you have a better solution to help the OP resolve the ...

tom999 replied 1 month, 1 week ago
s.21 advice in post #3 still applies (as long as any protectable deposit is protected) if you require the property back. Valid s.21 served now would expire Feb 2010; then apply for a court order, if the tenants do not wish to surrender the property. __________________ The information in my posts is provided 'as ...

islandgirl replied 1 month, 1 week ago
Presumably you have a better solution to help the OP resolve the situation? Tom, think before you write! A S21 will not remove them until end Jan 2010 (if they actually go). I told the OP that a S8 in my opinion will not work. Those are the 2 solutions. I would be very interested to hear your alternatives! Perhaps you think a S8 for the "breaches" would work? Let me...

tom999 replied 1 month, 1 week ago
Quote: Originally Posted by islandgirl A S21 will not remove them until end Jan 2010 (if they actually go). Please explain? Quote: Originally Posted by islandgirl Perhaps you think a S8 for the "breaches" would work? Let me ...

islandgirl replied 1 month, 1 week ago
it may surprise you that tenants don't always leave a property when they should. Sometimes they stay put and you have to go to court to remove them - thought you knew this given posts above...

P.Pilcher replied 1 month, 1 week ago
I must admit I prefer a tenant (like mine) who says "Im sorry, I have just lost my job and got another which does not pay so much, thus I can't afford to pay all the rent, do you mind if my boyfriend moves in to help me with this?" Really, provided such an arrangement isn't costing you anything more in utilities because your tenant is paying them the additional wear ...

 

Top contributing authors

Name
Posts
islandgirl
7
user's latest post:
Tenant in Breach - Page 2 -...
Published (2009-11-09 12:12:00)
Hi Tom - sorry for the confusion. I meant if they actually go it would be Feb 1st 2010 - in theory that is when the owner would get possession having issued a valid S21. The "if they actually go" caveat was meant to encompass the timescales you helpfully give above. Some tenants will take notice of the S21 and move out as requested - others will of course not.
tom999
6
user's latest post:
Tenant in Breach - Page 2 -...
Published (2009-11-09 14:01:00)
Hi islandgirl, no need to apologise. Barch: (1) If you cannot come to an agreement with the tenant to your satisfaction, s.21 will be best option to give you possession. (2) Next best is s.8 g8, if tenant owes more than 2 months rent (if rent paid monthly) (3) First 2 options are mandatory grounds for possession. Non-mandatory (s.8) grounds include g12 & g13: Ground 12 "Any obligation of the tenancy (other than one related to...
Barch
3
user's latest post:
Tenant in Breach - Page 2 -...
Published (2009-11-09 12:00:00)
Quote: Originally Posted by dominic What does your TA say about guests? most state that immediate family and temporary guests are ok. Who is responsible for the bills (gas, elec etc). If T, the extra person will only have an adverse impact on the level of wear and tear and may be something you have to live with. Also, did the T fill out a "questionnaire" on application on which he stated (i) he did not smoke (ii) was asked...
P.Pilcher
1
user's latest post:
Tenant in Breach - Page 2 -...
Published (2009-11-09 11:55:00)
I must admit I prefer a tenant (like mine) who says "Im sorry, I have just lost my job and got another which does not pay so much, thus I can't afford to pay all the rent, do you mind if my boyfriend moves in to help me with this?" Really, provided such an arrangement isn't costing you anything more in utilities because your tenant is paying them the additional wear and tear is insignificant. I don't think a...
dominic
1
user's latest post:
Tenant in Breach
Published (2009-11-09 10:55:00)
What does your TA say about guests? most state that immediate family and temporary guests are ok. Who is responsible for the bills (gas, elec etc). If T, the extra person will only have an adverse impact on the level of wear and tear and may be something you have to live with. Also, did the T fill out a "questionnaire" on application on which he stated (i) he did not smoke (ii) was asked whether any other person was to live...

Related threads on "LandlordZONE Property Forums":

Related threads on other sites:

Thread profile page for "Tenant in Breach" on http://www.landlordzone.co.uk. This report page is a snippet summary view from a single thread "Tenant in Breach", located on the Message Board at http://www.landlordzone.co.uk. This thread profile page shows the thread statistics for: Total Authors, Total Thread Posts, and Thread Activity