Hi again Ms T.
The Police are very supportive, but they’re not able to say much. For example, when talking to me about the Tenant (or his son) they can’t even use his name, they have to say “the male” did this or that. I can (truthfully) say to them I FOUND DRUGS IN MY HOUSE but the Police can only say “this is suspected” or “is being investigated”.
Also the Police say they can’t help with the eviction process because it’s ‘civil’.
On a different matter, I’ve spoken to 2 professional private investigators who are willing to ‘tail’ the Tenant (without him knowing) and see where he goes. I’ve checked out the legality of this and yes, you can lawfully ask someone to watch another person, and report back. I didn’t know this. But it might bring in some very useful evidence.
Pleased to hear you have got some satisfaction from the council Rosie. It’s up to you if you wish to claim the costs you incurred, a simple, quick and easy process using ‘Money Claim On Line’, although it might be worth waiting a while, since you’ve now got them on your side. After the situation is resolved, go for it.
I wouldn’t waste your money on PI’s, that’s the police’ job, and it sounds like they are well up to date with his activities.
Get an eviction order from the court, as you will need this anyway, even if the police arrest him. It could also prove quicker than the police’s actions. You need to get rid of him for your sanity. As you’ve already conducted a successful legal battle, I would simply get the relevant forms, check online for the necessary format, also check with the county court clerks, who can be very helpful, and you should manage without forking out for professional assistance. In our area there is a duty solicitor in the court a couple of mornings a week, and can give free advice and guidance, worth checking if you’re unsure. But don’t delay any longer, you will have to carry out this process whatever happens, with the exception that the tenant gives notice and quits, which sounds unlikely.
What reason did the tenant give for refusing to pay rent in writing?
Agreed Colin, they need to be made accountable. Unfortunately it will never happen.
I have a dispute with an electricity supplier who broke into one of my properties, beyond the point of the meter installation. The Ombudsman refuses to address any legal issues, although they claim to have had a Warrant of Entry from the courts, which has never been properly served, or they would have known the previous tenant, owing £5,400 would you believe, was no longer in residence, and we would have had to be contacted to serve us the legal occupier.
The Ombudsman also maintains they have no complaints procedure, and refuse to obtain evidence from Scottish Power, but preferring to rely on his own flawed “opinion”. Accountability seems to have been consigned to the history books.
Happy days!
Hi Colin.
Yes I do think a huge complaint needs to be made.
Last month the Tenant (who hadn’t been seen for weeks) went running to the Council after an abandonment notice was put on the door. The Tenant (who refuses to engage with me) told the Council he was “anxious he was going to be made homeless” and he complained that local people were keeping an eye on the house and reporting their concerns.
However the Tenant isn’t paying me any rent and he refuses to explain his circumstances and he isn’t doing anything about the non-payment of money (e.g. to my knowledge he isn’t seeking help, or applying for benefits). He’s employed, with money coming in. Anyone “anxious about being homeless” would surely be doing everything they could to find a way to get money in for rent, or to try and negotiate with the Landlord for time to pay?
I feel the Council SHOULD have said:
You need to pay your rent.
You need to look after the house.
You must not smoke in the house.
You must not use drugs.
You need to follow the Agreement.
You must not breach the Terms and Conditions. etc.
Instead (and before ever speaking to me) the Council’s Housing Officer repeatedly gave the Tenant reasons and grounds for complaining about me, and told him to report harassment and intimidation and offered to act very strongly on his behalf - and thereby increased his confidence - which is the very last thing a Landlord needs.
However, as Chris observes, it seems best to use the Council’s offer to assist me FIRST (and then blast them.) And if they make more mistakes while helping me, so much the better!
I would be sending a letter to his employer outlining everythig that has happened , . get someone else to write it. Wear latex golves so they leave no prints. STICH HIM UP
Hi Chris, many thanks for these directions, they’re valuable.
I feel able to complete all the forms myself and to represent myself where necessary. I didn’t know county court clerks can help you, so I’ll definitely investigate that.
You ask about rent.
The Tenant paid a deposit and 2 months’ rent. Then something serious happened in his personal life(requiring Police), and he stopped paying and started to yell at me and shove me away.
He’s only written to me a couple of times since then, and those messages have been huge and threatening, and full of legal-sounding quotations telling me I’ll be prosecuted if I watch him, or if I contact his employer etc.
Back in July I offered him (just) the first month’s rent at half price, because I was waiting for the laying of a new carpet and new lino. He subsequently wrote and said he didn’t want the carpet (because he does drugs on the wooden floor?). He said he didn’t want the bathroom lino either, and he would put down some “high-end laminate in time”. That just left the small piece of lino for the kitchen. This lino is paid for and the fitting is paid for and is waiting in the shop. However he didn’t grant me access to attend for a fitting and the Police have told me they want to be there if I go to the house, so the job is having to wait.
But the Tenant has cleverly used the delayed fitting as a reason to say all rent should be at half price…(but HE caused the delay)…
He then told me to use his deposit to pay this half-rent for Sept + Oct, and has refused to give me any rent for those months. No money has come in.
You can’t use your deposit to pay rent, because it’s protected in a scheme. Nor can a Landlord use it. Someone suggested he was trying to trick me into using the deposit, so I would get into trouble…
So he seems to be a scheming person and a manipulator, and he isn’t anxious at all about being homeless. He’s just causing trouble.
Chris 35 I had an experience with Scottish power when they never turned up at a property I was working on 5 times on the run. But give them their due they gave me £250 compensation and cancelled the standing order. charge. United Utilities sent me a big bunch of flowers when I discovered a blockage in a rear entry. So some big organisations are ok But never had any help off local councils with regard to local renters
My problem, Colin, is that I’m far too honest and I keep myself very clean. And I would be frightened to contact the employer again.
I did contact the employer, months ago, when I wrote to them to say I genuinely believed I had an impostor in my house - because the guy who was in it surely couldn’t be the man they employed? It’s a well-respected company and surely none of their crew would behave like this? I really thought the Tenant had lifted an ID off the Internet - ID fraud.
But it was established that he does work for them - at which point the Tenant went ballistic and said I must never contact them again or I would be prosecuted for malicious communication. And I wasn’t allowed to tell the employer that he wasn’t paying the rent.
But I feel the employer definitely needs to know how he’s behaving. He’s a relatively new employee, he’s an IT person, and (outside of work) he abused his skills by interfering with my email system to make it go wrong. Something really does need to be done.
I know all this but to be a landlord you have to be tough and just do it… I would not care whether someone else did not want me to do it. you have to look after yourself. otherwise you will be posting on this site for months
Colin3
I’m always super-tough with people who hurt me or break the law, but I draw the line at breaking the law myself, or even coming close to it. “If you always tell the truth, you have nothing to hide.”
OK, so if I did as you suggest, and I wear latex gloves and write a letter to Tenant’s employer, and the Police found out I’d done this - what then? I’d be hauled in straight away and I’m no better than this monster I want to evict.
Offered in friendship, but sincerely meant: I don’t think you should be encouraging Landlords (or anyone) to behave in ways which are less than legal. We have to find ways to fight against people’s bad behaviour without behaving badly ourselves. And if the ways aren’t currently there, we have to challenge the existing systems and campaign to change them.
If you think you can change the current system you are mistaken and up in theclouds,. I have been a landlord for 40 years and the system has changed against us. Writing the letter is not less than legal. and is not behaving badly in my opinion , it is no different from the neighbours telling you what that tenant does and telling on him, , he would not be happy with that either.
Colin3
I am desperately sorry if you feel unsupported as a Landlord. You’ve probably seen a lot of bad behaviour. And systems can be utter sh*te, and people die because of system failure.
Obviously with 40 years under your belt you are vastly experienced, much more so than me, but I wonder if you are able to appreciate things from a female point of view. I’m considered a strong inspirational woman, however I am at a huge disadvantage when it comes to handling a violent male Tenant. It’s not the same for me at all.
Maybe another man could go in and punch this Tenant and forcibly remove him (and that might be a very good thing). But as a 63-year old woman I don’t have that option.
I don’t feel able to write a letter to the employer, though I badly want to. I don’t feel able to ask anyone else to do it either. Please tell me this, Colin - say you defied the Tenant’s orders, and you wrote to his employer and you told them how he is behaving and that he isn’t paying his rent. And the Police arrive at your door and accuse you of harassment. What happens next?
I’m really sorry to hear what an absolute nightmare you are having.
You need to serve the tenant with a section 8, notice to quit, operates under the housing act 1988. This gives you the right to regain possession. Sadly this takes 6 months, you can get one of these from wwwtenancyagreementservice.co.uk £14.95
Is the property rented out with an agent? Do you have any landlords insurance?
Rosie 7 how would they prove it came from You? I understand its harder for you to do it . We can go back and forth with this . I will not respond any more
Colin3
The Police would know it came from me, or at my request - because who else would know about the matter? Who else would know the name of my Tenant 's employer? Do you?
Colin, I do know what happens when the Police arrive on your doorstep accusing you of harassment. The Police have to follow up all allegations (whether true or not), they are obliged. The inside of a Custody Suite is a very unpleasant and frightening place, as is the inside of a cell. And after someone’s made an allegation, we are all considered guilty until we can prove ourselves to be innocent.
I stand by my view that Landlords must abide by the law and must not defy e.g. Police instructions. Strong-arm tactics are not something I would ever consider. Nor latex gloves.
I think that having to wait maybe 18 months to be able to call in the bailiffs is utterly ridiculous and damaging to a good Landlord, but I don’t agree that things can never be changed.
mg11
Thank you for your concern and your kind words. And thanks for directing me to a template for a Section 8, this is very helpful.
I don’t have an estate agent or lettings agent because the Tenant approached me via Open Rent - on here!!
I manage my house myself.
I do have a good package of Landlord’s insurance, yes. It doesn’t include a cover for missing Tenant rent, because the insurers cancelled this offer after too many people were claiming it. But there is legal cover included, public liability insurance, insurance for Tenant damage, lots of good things. I think every Landlord needs a package like this. xx
OMG Rosie
I would like to offer you a magic wand to get you out of this awful situation.
Unfortunately I can only offer you my sympathies as I stand by incredulous as to how much the “law” is on the side of the physcophathic “tenant”!
What is it going to take for the government to wake up to the abuse and pain that can be inflicted on innocent individuals whilst the abuser remains within the law.?
Jim I welcome your strong support
When I made my first post I didn’t know what other Landlords would say.
I was fully prepared for: “Rosie, you’re quite a new Landlord. You’ve been careless, made silly mistakes, and you’ll have to pay for it.”
Instead there’s been an outpouring of kind wishes and lots of help. I’ve also found out that good Landlords are unsupported.
The law does seem to favour my Tenant (however he behaves), and Data Protection is allowing him to hide his activities from me - and from you: if he applied to rent YOUR house today, you’d probably let him, he earns enough. I wish I could tell you his name. He uses Open Rent.
I despise this current government, because so many people are getting hurt, and not just Landlords.
Tomorrow a senior Housing Officer has offered to help me with the wording for a Section 8 Notice, so we can start to deal with the Tenant. (I’ll report back, on here.) But I had to do loads of emails, phone calls and make a serious complaint before the Council woke up and started to help ME. It shouldn’t be like this.
How can we improve things, Jim? Where would you start?
R11, thank you.
I am aware of the Ground where you can try to reclaim your home because you lived there previously, but I’ve been told that you have to tell the Tenant of your intention to do this BEFORE he signs the Contract, otherwise it can’t be used. Is this correct?
I had wanted to rent out my home long-term, for 10 years or more, so this is what I said and wrote, because it is true. I didn’t plan to take it back, and certainly not quickly. I didn’t plan to sell it either.
I planned to use the Tenant’s rent to pay my own rent - good plan! or so it seemed. But because this Tenant refuses to pay for the house, I am homeless. I have no rental income to show to another Landlord.
I can’t use Section 21, the lawyer says it’s not suitable for this occasion.
So I am needing to use “rent arrears” (which unfortunately the Tenant could clear), and “anti-social behaviour” (for which there isn’t yet enough evidence), and “damage to my house” etc. None of which are totally reliable Grounds, more’s the pity.
The Tenant did provide false information, regarding his reasons for wanting my house. And he has consistently lied to me & to agents since July. But I’m not yet sure how serious the ‘false information’ has to be, because he did give correct ID and correct previous address.
I like the idea of an attachment of earnings. But surely I need to get him out of the house, as well as suing him for the missing money?
