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Hi,

 

I hope someone can help. I am currently subletting my property through the council. I have two subletters living in my home but was made aware by the council that it was my responsibility to ensure the house was kept clean etc and that the rent and council tax and other bills were paid.

 

Prior to my tenants moving in I set up a tenancy agreement and an inventory of contents and have signed copies by the tenant. I have since found out that the tenants have disposed of a great deal of items that were on the inventory (totalling more than the cost of the deposit they had paid). Obviously I am most unhappy about this but just wondered where I stood on this legally? Would I have to take them to a small claims court to recover the costs?

 

Also, they are in arrears with rent which is also going against me now too, luckily not by a massive amount...yet. The original tenancy agreement they signed states that they can rent the property for one year and has the end date as May 2011 and will then either be on a rolling contract or be given a 2 month notice by myself. However, due to the numerous issues I have had with them I would like to now serve them notice to leave, am I within my rights to do this or do I have to wait until the year is up?

 

The Council are not helping me at all with this and have said that it is all my responsibility to sort out. I'd be grateful if anyone could offer me any advice.

 

Thanks,

 

Alison

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How much in arrears are they, and how much is their rent per month?


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Hi,

 

The rent is charged weekly at £69.33 and they currently are one week in arrears as they have been paying £277 a month but one of the months fell as a 5 week month, hence the arrears. However, I have researched this and apparently I cannot evict them under section 8 until they are at least 8 weeks in arrears and I don't want to wait until it gets so bad. However, it is a council house that I am subletting so, I am responsible for any arrears and if there are any arrears what so ever there is a risk of eviction or of me losing the house.

 

I'm also curious as to whether I can serve them notice on a breach of contract as they have disposed of various inventory items. I'm really looking for the easiest way and quickest way to get them out of the house as they are now disputing this cost but I have paperwork etc showing that they owe it.

 

Thanks,

 

Alison

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I cant see that you have any option but to wait until they are 8 weeks in arrears.

 

There are other grounds to evict, but they are likely to fail as they are discretionary, and there is nothing that I have seen here that is (in my opinion) likely to lead to a court order for possession being granted.


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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