As I understand the thread though , the Reposit is a side issue, as the real problem was that the tenant didn’t pay the rent when it was due at the commencement of the tenancy agreement. I’ve only used OR for marketing and references so have never used Rent Now’ and I’m not familiar with Reposit, however the question remains that due to the wording of the tenant fees act (I think it was tenant fees act, It was a post I read from @Karl11 in another thread) no payment should be received prior to signing the tenancy agreement other than the holding deposit, but it would appear that if no money is then paid for security deposit and rent the Landlord is bound by the signed tenancy agreement. ?
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Pure coincidence, of course, but majority of serious problems that warrant eviction notice, stem from long-term unemployed TT without disabilities. I’m sure it’s just a coincidence. So unfair when such TT struggle to find a new rental. I guess LL just like to discriminate.
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Yes David, the Reposit thing isn’t a major problem but if I’d known they didn’t have the funds for the full deposit it would’ve been unlikely that I’d have selected them for the tenancy. The fact I didn’t realise the Reposit thing happened i can only blame myself for I guess.
But yes, why am I bound to the agreement when they breach it by not paying? That is the issue.
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Not sure I get what you’re saying? I’m discriminating against the tenants? In what way? If they find it hard to get another decent property in the future, that’s their fault. They’ve booked a £5K holiday to Turkey apparently (according to the neighbour) so maybe they should’ve paid the rent instead.
I always consider applications from tenants no matter what their background. The only things that matter are that they can afford it and will respect the property.
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Not sure why you took it this way, Caryn.
It was a sarcastic post and not about LL but rather about work-shy TT who go through life and used to getting something for nothing (Our system encourages it. So many people here who never worked in their lives and don’t have to). That’s the reason they feel entitled to live in our houses without paying rent, to trash the place and leave it for LL to sort out. Self-serving, entitled and irresponsible.
They’re the problem TT. My advice is to stay clear of them in the future. And to ignore accusations of discrimination as well as sob stories. Just my five cents.
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Apologies!!! I didn’t detect the sarcasm! Probably too busy seething over the audacity of the tenants messaging me to “expect their counterclaim”!!!
I absolutely agree with you though, I’ve always been open-minded regarding dss tenants and honestly, the majority I’ve dealt with have been unproblematic. But going forward, I won’t be entertaining them.
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Do you have any pictures of the garden before they moved in?
What does the TA say about them doing any work?
Is the invoice on headed paper fromtheis TC company have you done any sort of internet search to see if there is uch a company
I would contact the tenant and ask them to provide copies of the correspondence they sent you where they issued concerns about the safety in the garden prior to getting it fixed if and when they cannot provide such then i would suggest you contact them explaining that it was unauthorised works and that as such they either accept the cost or rectify it back to original (i suspect that is not an option) and that ALL future works be authorised by yourself PRIOR to work commencing
I understand that the OR contact only become effective when first mth is paid
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Reply like you said and that’s the end of the matter. Remember you’re the boss. Nothing gets done without your written authorisation. End of
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Thanks Gary.
Yes, the yard had been used by other residents from the road as a dump for their rubbish and there were a couple of large overgrown plants (the horrible invasive things that seed themselves everywhere with big pointy purple flowers - forget the name)!!
I paid £500 to a clearance company who spent a whole day removing everything and cutting the plants down to stumps. I also had what was left of them treated to kill the roots. What was left was maybe 2 or 3 inches high.
When I carried out the viewing I explained to them all hat I didn’t have any funds left to landscape the yard and they were perfectly happy with it. This was beginning of October, tenancy start was 27th October.
On 14th Feb he sent me a photo showing the yard and said “I’ve dug up the roots that were in the ground and removed the old slabs, just waiting for some top soil so I can make it a bit better for the baby to play”.
That was the first time he’d mentioned anything about the yard whatsoever. Never asked if they could do it (I wouldn’t have said no to removing the roots to make it look nicer - if that’s what they wanted) but I would’ve suggested artificial grass, not seed. If at the time he’d even asked for a contribution towards materials, like lots of them do, I’d have probably agreed. But he didn’t, he was simply showing me what he’d done, and by that point I hadn’t received ANY rent from them (other than the late initial first month) and had just been granted direct UC payments.
The invoice he’s now sent (after I’ve issued S8 and S21) doesn’t have his name, address, date, property address etc. He’s made up a name TCS (his name is Thomas - maybe it stands for Thomas’ Construction Services, lol) who knows!!
He messaged saying “what do you want to do about the invoice”
This was my reply-
If work is carried out at any of my properties, I expect to first, request it myself, then obtain quotes , then if I am happy with the quote, I will authorise the work to be done and pay the invoice on completion of satisfactory work. I’m sure you’re intelligent enough to know that that is how all business works.
If you’re referring to the random invoice that appeared in my junk mail with no identification on it, no indication of where or when the supposed work had taken place and no name or contact details of the contractor then I did what I’d do with any scam email.
At no point in ANY communication have you reported any issues with the rear yard. If you have made the decision to undertake work then that is up to you.
No request to make any changes to the rear yard have ever been given to me. I would not have allowed grass to be put down as that is now a maintenance issue for future tenants.
Just because you made it more suitable for what you wanted doesn’t mean I’m paying for it.
The whole thing is just so tiresome.
By the way, I’ve issued MCOL to both and she has responded by admitting part of it. But the only thing she’s contesting is the added court fee of £115!!
He hasn’t responded yet.
I sincerely don’t care about getting the money, my priority is just getting them out.
Yes, but the problem is when it isn’t paid there’s no way to void the contract. Even if they never paid a penny, never got the keys, never moved in they’d still have a signed contract and I’d have to go through the process to end the contract.
Believe me, I pleaded with OR and even the tenants to agree to withdrawing from the contract. I was told it was signed and as such the only way to end it is by issuing S21 after 4 months.
The contract normally stipulates the property should be returned in the condition provided
You should put that to them and ask for the costs of removing soil etc 
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Having them signed a contract before paying first is neither here or there. I ve been reading this erroneous understanding of contracts signing here quite a few times now: If they don’t pay, this invalidates the contract they signed in the first place. Their non-payment, therefore, constitutes them in breach of the contract they just signed in the first instance. You have, as a consequence, every right to annul it and not release any keys ever. Under these circumstances you are not obliged by any of the clauses of the contract you offered them and which they themselves have contravened first. Dont fall for the notion that if they sign first (and not pay on time, as per contract terms) that you are in any way obliged to honour that contract.
I keep reading about this misguided impression in this forum, which simply does not stand.
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I’m not sure you’ve fully read the thread Karina.
The Rent Now process allowed for this because the Housing Act stipulates that no money can be taken (other than 1 weeks rent as holding deposit) before the contract is signed. Hence why I would warn anyone to be aware that this scenario is entirely possible for anyone using rent now and the sole reason I’ll NEVER use it again.
And I did not release the keys to them until the rent was paid so no, they didn’t “move in”.
I pleaded with OR (and the tenants themselves) to void the contract - OR said I couldn’t and the tenants wouldn’t agree to end it. So here I am 8 months later with them still in the property and having to go through the possession process.
MY ONLY ERROR WAS USING RENT NOW.
That was my assumption but OR we’re quite adamant that I had to go through with it.
I have the conversation saved somewhere I think.
My mistake was taking them at their word instead of seeking independent legal advice.
No, you absolutely did not have to go through with it and if OR advised you as such they are very very wrong. I have been renting out properties since 1987, way before any at OR were even born. I should know a thing or two more than them: Whoever breaches the terms of the contract first, loses the game. And this person was not you. End of.
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Not sure your reply makes sense to me. It’s like you’re replying to your weird interpretation of my post that has nothing to do with what I said. I didn’t dream of accusing the LL in discrimination. Maybe, you should read my follow-up post )))
My guess is everybody is accussing everybody in discrimination nowdays, so that’s what you automatically saw. Some people accuse you of discrimination. Other accuse you of accusing somebody in discrimination. Stop the earth. I want to get off. LOL
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I was only trying to help the landlady but clearly not making myself very clear so I’ll bow out of this now. I’ll mind my own business in future and won’t bother to comment. 
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I would be very wary of Reposit. Open rent appear to include it in the rent now contract automatically as an ‘option’ for the tenant at their choice. I was caught out by this as it doesn’t cover electric bills and the last tenants left without paying. You can remove it in the advanced options but the contract buttons lead you straight to issue it, if you aren’t very careful. With the latest tenant we sent a message saying don’t use it, having been led to issue the contract without the final review I expected. The tenant feedback was then that they didn’t have an option for choosing cash deposit. Eventually I found an option to reissue it, and found the advanced option to untick the box. The tenant could then do cash. I am very unhappy it’s been so difficult. This was the last straw in this whole latest tenancy when I have used open rent happily for ten years.
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You don’t have to pay the tenants electricity bills if they fail to pay unless you’ve also failed to notify the supplier when they moved in.