problem tenants

Discussion in 'Finance, Property, Law' started by bigbird67, Jun 29, 2011.

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  1. Not mine obviously.
    My friend is buying a house nearby which has tenants in it at the mo. They've been given all the relevant paperwork and all that blah. They haven't paid rent for months after he lost his job.
    Now this is the funny bit...every time my friend goes round for second viewings, taking measurements etc....the TENANT levies a charge on the OWNER for allowing the buyer onto the land and into the house! All done via his solicitor!

    I've never heard anything like this, so what's that all about??
  2. Most tenant lease agreements contain a clause stating that they must give reasonable access to the landlord, his agents, and potential future tenants &/or purchasers. This usually means that they agree times for viewings etc by mutual consent, with the tenant not necessarily having to be in attendance.
    It sounds like the previous owner didn't include a clause of this type, and so the tenant has the right to refuse access. However, if they are offered a monetary compensation for their time, they usually manage to find themselves agreeable! Or else the lease agreement states the tenant is liable to claim for re-imbursement re: the 'inconvenience' of having to answer the door. That's what happens when you don't have a good solicitor (unlike this tenant).
    Either way, I would advise your friend that they may find these tenants will not vacate the house until evicted by a court order. That way they get into social housing quicker as classed an emergency case. So it could be a long time before your friend can actually move into the property or put new tenants in.
  3. that bit is in hand as we speak! Does it count against them contractually that they are failing to pay the rent?
  4. Grumblegrunt

    Grumblegrunt LE Book Reviewer

    might be an issue there, the courts have got better but in the past they were prone to just grant possession to the landlord with no compensation or back rent. so even if he does get the house vacated it might end up trashed.

    it would mean a bargain price though. someone needs to pass a brown envelope and have them burnt out.
  5. Grumblegrunt

    Grumblegrunt LE Book Reviewer

    it depends on the contract and how it was written but it would prompt the courts to allow possession. an eviction order is a different matter I believe and can take just as long. one flat I looked at years ago had been under siege for three years, two years non payment, judge finally allowed repossession but it took another year to get them out legally. he might have lost his job but that means he should be claiming housing benefit, a call to the council might sort that part out and have it stopped or changed
  6. TheIronDuke

    TheIronDuke LE Book Reviewer

    Is buying, or has bought? This is important. What MsBabe says is probably right so far as the law is concerned and he/she/confused pre-op sounds like a solicitor so, you know? Grumblegrunt is a lovely person but you cannot go around torching people. It is social death with the County set.

    Getting back rent off of deadbeats is never going to happen. Getting them out of your chums property is a doddle. So long as they own the property.
  7. Your 'friend' seriously needs to reconsider his/her intended purchase as this one comes with far too much risk. Hasn't his/her solicitor highlighted the obvious problem?
  8. Not confused or pre-op now! I have only done business law but this falls under the remit of contract law. Golden rules -read everything at least 3 times, ask a load of questions, and get a decent solicitor so you can sue them when it goes wrong (yes, I know you'll need another solicitor to do that, ad infinitum...).

    And yes, it looks like the back rent will never happen. I know of one bloke whose tenants left owing nearly a year's rent and they also took almost everything out of the building that wasn't a wall, floor or ceiling.
  9. Grumblegrunt

    Grumblegrunt LE Book Reviewer

    I did have to look at it on the other side, when the landlord admitted that he had spent my bond instead of putting it in a seperate account then got arsey about it when I demanded it be paid back and I would put in escrow.

    I took it out as notice then sent everyone else out and said I was occupying one room at 35 quid a week with shared facilities, so took 4 months to go. He tried to do me for thousands but I went to court over it and argued that he breached contract first so I had an assured tenancy and he could buy me out of it if he wanted. judge gave me a month to leave and told him to wind his neck in, I left next day but didnt hand the new lock keys over till the month was done.

    fortunately my best mates mum was a letting agent for a solicitors so I had good advice all the way through
  10. In the good old days, Van Hoogstraten and his ilk (alledgedly) just chucked grenades through the windows. Very good way of dealing with annoying tennants and I can only assume with all the wars and stuff going on no real shortage of grenades. Bonus is that you can dock the damages off the deposit!
  11. The Landlords Association can do the legal footwork for you, they start off with warning letters, and proceed from there. I think the full monty comes in at around a grand, I'll try and find out tomorrow. They can also pursue for unpaid rent, if the tenants are working types, students and doleys probably don't have the readies in the first place.

    DON'T rent to doleys EVER! There was a change in the law which means that the rent money is given to the tenant to give to the landlord, guess what a lot of them spunk the money up the wall and the landlord can go hang.

    If you canrent to a Japanese bank or respectable embassy, then you should be ok.
  12. TheIronDuke

    TheIronDuke LE Book Reviewer

    The law cuts both ways. If you own the property there is much you can do to persuade a deadbeat to **** off quietly. Without breaking the law. And while we're on, regarding Nicholas Van Hoogstraten? He is not 'allegedly' anything. Van Hoogstraten is a convicted criminal.
  13. Grumblegrunt

    Grumblegrunt LE Book Reviewer

    is he out yet? and what happened to that big fcuk off house he was building with a crypt but only one bedroom.
  14. Non-convicted criminal released on appeal, last heard banged up breifly in Zimbabwe for not paying enough bribes or whatever, no idea where he is now.