Fiona
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40 Posts
When we were starting out as landlords we naively used the service of an agent who talked a good game. We have since realised that the tenant he found for one of our property's was his best mate! We have had 3 years of ups and downs from this tenancy. Often resulting in us threatening to end the tenancy, and at the eleventh hour the agent either pursuades the tenant to pay up or convinces him that he is being unreasonable over whichever issue is the dish of the day. Then things roll smoothly for a few months. On 23rd Dec 06 having received the rent 3 weeks late we agreed to serve notice on the tenant to vacate the property(We'd had enough and the agent had taken on more than he could handle). To keep this concise I'll list the next events.
23rd Jan - Agent requests a few weeks longer as tenant is in process of buying house with two weeks to complete. We accept. At this time we are informed of water leaks from bathroom into dining room. We attend on two occasions with plumber and resolve leak. We agree with tenant that the ceiling will need a few weeks to dry out before we can repair but as he is leaving there is no point attending it before he leaves. He agrees. On this visit we have to collect overdue rent direct from tenant as agent is away. Tenant agrees to pay upto 23rd Feb and get refund if house completes and he vacates sooner.
23rd Feb We call agent to find out status. Agent away again! No messages returned.
27th Feb - We call tenant who tells us his house has fallen through!! We explain that we have issued notice on 23rd Dec and will need possesion of property, obviously tenant not happy. We empathise and give until March 23rd!(3 months from original notice)
To date tenant has refused to pay rent, claiming that he is not paying for a house in need of repair. We have offered a date to go in and do repair but tenant has declined as he is working, but won't agree another date. Agent doesn't seem bothered and has told us yesterday not to worry because tenant will be out in ten day's (heard that before), also to take him to small claims court to get rent!!
Can we just go ahead with section 8?
What grounds cover tenant refusing to leave(which is current status as we don't believe that he will be gone in 10 days)?
Am grateful for any replies after war and peace posting!!!
