Tenancy Problem - Urgent Help needed

[Kentish Lass]

Recorded delivery or registered post is not always the best way to ensure letters are legally received. Post letters by first class post and get a proof of posting. Next day, do the same at another post office. That way they cannot refuse to accept (which they can do with recorded or registered).A judge is unlikely to believe that two letters, posted from different post offices on different days, did not arrive at their destination:)

[Catlover64]

Many thanks for that. I'll check again tomorrow, and if not delivered, will do as you suggest....

 

Any thoughts on which form should be used if this goes to court? Would it be possible to issue proceedings online or should I use another form??

 

TIA

[Johnny1978]

catlover64- i have posted a thread here in this forum, describing us moving into a house LEFT in a similar state. as a tenant that is having to undo all of the work left by similar previous tenants i can understand exactly where you are coming from and costs and time of cleaning up after people like this. I also know the costs of removing rubbish- not cheap. I think what you outlined in your original post was perfectly reasonable as leaving things like grease and chip fat on the walls of a property is totally unacceptable. I can imagine the state of your property as we have the same problems here. It really is beyond the pale. Whats worse is the fact that its not even your dirt! yuk! jeez! good luck!

Edited July 1, 2009 by Johnny1978

[Catlover64]

Morning all!

 

Caprice - I really feel for you as it's not nice cleaning up other people's filth. My husband was nearly sick when we first went in as the house absolutely STANK!!! And he can't take smells.... I wish you luck in getting your problems positively resolved soon!!

 

This problem's very slow-moving, but a bit more progress...

 

I've got new tenants in my property now (YAY!!), and this time have asked for a check-in report which has been done and should be on its way to me.

 

Meanwhile - I've discovered the ex-tenant's tried to stick me with the Gas & Electric bill stating she moved out earlier than she actually did. So I've asked for the bill to be sent and will forward to her or add to court papers whichever comes first...

 

AND I've decided that I've had enough of her silence. The two letters I sent to her & her guarantor via recorded delivery have not been delivered, so I think they might be dodging me. So, following Kentish Lass' advice, I've come up with a cunning plan...

 

I'm posting the letters again from my home via 1st class post with a proof of posting. I'm then posting another set of copies to my friend in London with a covering note asking her to re-post and get a proof of posting for me.

 

I've also called the DPS this morning and have requested re-payment of the deposit, so at least THAT's covered. I've been advised that I should wait for the tenant to respond. If she does not, after chasing & final reminders; then the money will be repaid to me with interest, which would cover the o/s rent. All I then have to do is chase the damages claim to which will be added the unpaid utilities. If she disputes the payment again, then I have to write to the DPS requesting the account be suspended pending legal action.

 

Does anyone have any thoughts?

 

TIA

[Kentish Lass]

You sound as if you have it pretty-well covered. Only problem I can see is the utilities, but if you can include that in your claim then great. Good luck.

[Kentish Lass]

catlover64- i have posted a thread here in this forum, describing us moving into a house LEFT in a similar state. as a tenant that is having to undo all of the work left by similar previous tenants i can understand exactly where you are coming from and costs and time of cleaning up after people like this. I also know the costs of removing rubbish- not cheap. I think what you outlined in your original post was perfectly reasonable as leaving things like grease and chip fat on the walls of a property is totally unacceptable. I can imagine the state of your property as we have the same problems here. It really is beyond the pale. Whats worse is the fact that its not even your dirt! yuk! jeez! good luck!

 

You don't say if it is private renting or housing association?? Why did you take the property in that state?

It never ceases to amaze me what some Landlords are like. When a tenant leaves, I expect to go in to the property to ensure it is clean; that the walls do not need a fresh coat of paint; that all things that should be working, are working etc. etc. and that the condition of the property is how I would like it to be if I were to be moving in. I certainly would not expect new tenants to have to deal with such stuff.

[Catlover64]

A little more movement. I got a mail from the Deposit Protection Service this morning advising that the ex-tenant has rejected my request to have the deposit returned to me. This would indicate that she DOES indeed have internet access which is contrary to what I was previously told.

 

So I've e-mailed copies of the correspondence sent to both addresses held by me, together with a copy of the bill received from Scottish Power this morning. Meanwhile, I've mailed the DPS asking that the account be suspended pending legal action.

 

I'll also be posting copies of the letters via 1st Class post as before, and we'll see what happens.

 

As per previous post, there was quite a bit of rubbish left at the property which I've had to remove. The lease states that I am entitled to charge rent for every day it was left there until removal. I've worked it out and the total is another £392. I would like to add this together with the unpaid utilities to my claim.

 

Would this be a good idea do you think?

 

TIA

[Emma1973]

Can I just clarify something?

 

As per previous post, there was quite a bit of rubbish left at the property which I've had to remove. The lease states that I am entitled to charge rent for every day it was left there until removal.

 

Does it actually state 'rubbish' in the lease, or 'property or goods left behind'?

[Catlover64]

I believe it refers to rubbish, but will double-check and make sure...

[Catlover64]

Bump!

[Emma1973]

You were going to clarify as to whether it referred to rubbish in the tenancy agreement?

[Catlover64]

Hi Emma

 

The agreement refers to refuse and rubbish. Where appropriate, to make arrangements with the LA or others for its prompt removal at the expense of the tenant.

 

Thanks

 

The Cat

[Catlover64]

Deleted as no response and meanwhile have decided on a course of action.

Edited July 15, 2009 by Catlover64

[Catlover64]

Bump!

[Catlover64]

Bump re previous post about rubbish!

[Emma1973]

Aah, the rubbish thing! I think you would have great difficulty in convincing a court this was a fair charge! In effect you are storing waste, and could have continued to do so, but you would have needed a waste management licence.

 

I know if tenants leave a property before the time is up the LL do not have a duty to mitigate their losses by finding new tenants asap, but would wonder if its the same when the tenancy has ended.

However I would def deduct an amount for clearing it up and disposing of it!

[Catlover64]

Hi Emma - Thanks for that.

 

As mentioned earlier, the tenant left after 6 months invoking the break clause, but still owes me a month's rent, so the deposit will take care of that I suppose...If I ever get it back!

 

Will now be seeking legal advice, as would need to know how best to proceed.