I have been renting my property out for 7 years with no problems. My present tenant has only been in the property since September and hasn’t heated or ventilated it properly through the winter as she spends days away from the property and only goes back to feed 3 cats which I didn’t agree to. There are now signs of mould and damp which only came to light during an inspection in mid February. Prior to this the tenant has never brought this to my attention. I served notice on her using the mutual break clause and she replied saying as I was harassing her she was going to find other accommodation. The notice using the Mutual break clause should be 30th April. She is now refusing to pay her rent which was due on 3rd March and says she is going to claim compensation from me for the mould and damp issues. She has also sent an email saying she is going on holiday on 17th March and doesn’t know when she will be back as she hasn’t booked a return flight. She says she is going to turn off the gas and electricity in the property and I have written telling her she must not do this in case the central heating boiler needs to kick in in a cold spell. I am wondering if I should serve a Section 8 notice on her BEFORE she leaves the country.
This tenant is an example of a true scumbag. I really feel for you.
Thank you Mark 10 - I agree whole heartedly. I am moving back into my lovely cottage once I can get rid of this tenant. I will NEVER rent my property out again!
on what grounds? 10 (as some rent is overdue), 12 (if you have a clause re no pets without permission), 13 (deterioration of the condition of property due to tenant’s actions)?
That would likely lead to Ground 13 being more likely and a polite but firm email/letter to her to underline her risk of you serving S8 on that and/or other grounds above would probably show her you mean business.
What is the max length of unoccupancy allowed on the tenancy agreement? You could warn her of that too in regard to her needing to return.
If you can serve a valid s21 notice then I think that would be preferable.
That’s five months after she moved in. I always do quarterly inspections but when i was doing them twice a year, new tenants always got their first inspection after 3 months. You need to visit early on with new tenants to make sure things are going as you expect.
Thank you so much for your response. There are a few grounds I could include in a S8 notice and could include the turning off of the gas and electricity. No point trying to appeal to this persons better nature - she is a nightmare and thinks she knows it all.
Thank you so much for your response. I will think very carefully about how I proceed.
Thank you so much for your advice. This person was delighted with the property when she moved in and said she would care for it and look after it. I never thought she would do this.
I have a similar case with nightmare horror tenants in Glasgow. Scottish law is wee bit different but they use a Calor gas bottle heater instead of putting on the central heating, There is now really bad mould in 3 of the rooms on bathroom ceiling and round woodwork on window frames current arrears £11k waiting to hear from court about a date it’s just so slow in Scotland.
I do understand about condensation, damp and mould, though In my rental property is in the bedroom mainly due to no ventilation, confirmed by my landlord. He told me to wash the walls with warm water and bleach mix, then to keep the radiator on at number 16 all the time, and to open the window now and then to circulate the air. I have washed the walls, I can open the window but having the radiator on all the time is not suitable cause of the cost. In the Livingroom if I have the heating on 24/7, along with my other electricity consumption it’s over £10 a day on my PAYG smart meter, which I can’t afford. I don’t use the bedroom cause I felt it was effecting my breathing a little bit, difficult to sleep, and was worried my clothes may end up damaged. So I just sleep in my living room on a mattress on the floor, clothes all over the sofas. To cap it off I get an infestation of slugs on my kitchen at night and a few in my bathroom, creepy little things.
Does my flat sound unliveable???
I want to move ASAP but find it extremely difficult to find somewhere that accepts Universal credit housing element mainly for rent, apart from that all my Bills are always paid on time!! I’m looking long term, some where I feel comfortable my elderly mother visiting, it’s not alot to ask.
Thanks guys.
Joe
Hi there June - thank you so much for your response - I am pleased to report my tenant did a moonlight yesterday so at least she is out of the cottage. I’m so sorry you are having similar problems and the cost to you must be staggering - I find it appalling that the landlord has to take the blame for mould and condensation when clearly the tenant has caused it - its criminal. Lets hope you eventually get a good outcome. Best wishes - Angela
Dear Joe - thank you for your email - I do sympathise with your plight and hope you find somewhere new to live soon. Best wishes - Angela
Hi Angela, feel for you. I had this - I wrote at least 5 strong warning letters. sent bleach, sent paint, gave them paint brushes… but despite all the promises and threats too the property was returned to me in an unlivable condition. I’ve been held up by court system for well over a year. I did get the full deposit from the scheme but am still owed another 3k. They didnt heat, they left maggots, the place smelt of urine, furniture all ruined, electrical devices and sockets blown due to extent of water… just not worth renting to people like this. I hope you get the property back. Do go for a CCJ to prevent another landlord ever renting to them again.
Fingers crossed Angel oh I mean Angela, lol to be honest the flat did not have any indication of damp or condensation when I moved in. I didn’t realise what the area and location are like, I have been in some of the roughest housing schemes in Scotland, not living but have experienced places alot rougher but its as though no one has even self respect never mind respect for others around here. I understand I could go to the council housing if I had evidence from environmental health that there was damp condensation and slight mould, infestation of slugs. Or if I had evidence that the conditions of my bedroom had been effecting my breathing from a health care professional . But I don’t really want to give my landlord agro cause I like him and don’t want to fall out with him, cause I could end up homeless. And regards getting evidence from my GP it is near enough impossible to get an appointment as they seemed to be overwhelmed. In future years I will be able to purchase a property in a location of my choice but untill that day comes I shall be renting a home. Thanks
Take Care
Hi Angela
I am glad your tenant left, that must be a huge relief and you can now see to the repairs. I don’t think I will be as fortunate. Anyway if the Tribunal let them stay they will be ordered to pay the rent, I hope. But I really want them evicted and get my house back.
In future I shall be checking for ventilation, condensation, damp, mould, working heaters all through the property. Though it’s difficult to tell if there will be an infestation of slugs at night time. And the area and location, even though I don’t know what street In What area is better or what not, I’ll be looking for sought for locations, with in a reasonable price, or property close to family or friends who recommend a certain area. And any health care would be better than now. If anything the health care alone is a big factor in me needing a move asap. To be perfectly honest I don’t know how I survived the last 16 months. I look as though I’ve aged 20 years. But I suppose I’ll get by, well I need to, for supporting my elderly mother on her retirement and her Me in a way, only by letting me stay with her a couple nights a week to recover from living in the area and accommodation I currently rent. Sad reading I no, but true and looks like nothing I can do.
Thanks
Joe
Hi there Susan - blimey - what a nightmare you have had - far worse than mine. I do sympathise with you and can completely understand why more and more people are just not willing to rent properties out. I am looking forward to moving back into my home and vow never to rent out again. Hope you get your £3k back. Best wishes - Angela
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