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Legal, pensions and money

Landlord's rights

(57 Posts)
Newatthis Tue 02-Nov-21 10:08:10

A friend, who mother has recently died, has been jointly left (with her brother) their mother's small apartment. There is a tenant in it who hasn't paid the rent for 3 months, he has a drug problem (she thinks he's using it as a drug den) and the letting agent , although initially managed to gain access once and said it was in a filthy disgusting state with lots of drug paraphernalia around, can no longer gain access to the flat nor communicate with the tenant (he is not responding). There would seem to be no landlords rights on this. The flat was beautifully decorated and newly carpeted when the tenant moved in. Has anybody had experience of this as a landlord or who know what my friends legal rights are. (The flat is in Wales which apparently has different laws with regard to letting property)

Smileless2012 Tue 02-Nov-21 16:27:12

Yes I agree that homes aren't investments but properties that are bought to be let out are. Either the entire amount of the money received in rent is additional income or is used to cover the monthly repayments on a buy to let mortgage.

An unnecessarily aggressive post AmberSpyglass and private landlords are providing homes to people who without them may not be able to have a home.

AmberSpyglass Tue 02-Nov-21 16:19:17

At the end of the day, homes aren’t investments. They’re just that - homes. Got one already? Excellent, you don’t need another. Get a real job.

AmberSpyglass Tue 02-Nov-21 16:18:12

Blondiescot if you were earning money out of it, it’s income. It’s a business. If you’re not up to the task or find it too hard that’s your problem, not your tenants:

Smileless2012 Tue 02-Nov-21 15:30:17

We always have factored in the cost of getting rid of bad tenants growstuff but that doesn't mean we're happy about it or think it's right that we should have too.

Letting can be a hassle and selling a property that's been turned into a sh*t hole with a sitting tenant is easier said than done and of course reduces the market value.

growstuff Tue 02-Nov-21 15:23:41

They need to factor in the cost of getting rid of bad tenants. I've seen this from both sides and I get quite cross that amateurs think it's a way to make a quick buck. If letting is too much hassle, sell up and release the property for the owner occupier market.

Smileless2012 Tue 02-Nov-21 15:14:50

It's not always possible to know. A landlord can provide a bad tenant with a good reference just to get rid of them. Their credit history may be good but that doesn't guarantee they'll pay their rent on time, if at all.

It's absolutely right that tenants are protected from rogue landlords but IMO in an attempt to redress the balance it's gone too far the other way.

Landlords need protection from rogue tenants and as the law stands unless they have the money for legal action which can cost thousands, there's very little they can do.

growstuff Tue 02-Nov-21 15:08:07

My ex-husband is a property developer and landlord. For all his faults, he's a professional about letting. He makes a very comfortable living, but does factor in the occasional bad tenant. I'm afraid too many people don't and think it's easy money. My children and I have been on the other side of rogue landlords.

Germanshepherdsmum Tue 02-Nov-21 15:04:29

Yes, me too smileless. How anyone could do that to any animal I don’t know. Just left to starve. Mum already had several cats so the RSPCA took it in. They tried to trace the tenants with a view to prosecuting them but without success.

Smileless2012 Tue 02-Nov-21 14:54:38

That's awful GSM some people are disgusting aren't they, and cruel. I'm glad the cat was OK.

Germanshepherdsmum Tue 02-Nov-21 14:51:45

My Mum let my Granny’s bungalow for a while after Granny died. She was a good landlord but had some awful tenants who owed several months’ rent so were eventually served notice to quit, did a moonlight flit leaving the walls deliberately smeared with faeces and a cat shut in the shed which fortunately was found in time. This was in the 70s but I have never forgotten what she had to deal with. People like that don’t deserve decent housing.

Blondiescot Tue 02-Nov-21 14:50:43

I would always advise seeking proper legal advice on this. It's absolutely sickening when this happens, especially if you are someone who - like us - is not renting out property as a 'business'. We had one tenant who totally trashed the place - she did move out of her own accord, but we ended up having to take her to the small claims court in a bid to recoup some of our money, but even then she simply declared herself bankrupt to get out of paying!

Smileless2012 Tue 02-Nov-21 14:37:07

Problem is if the tenant needs to be re housed by a housing association or the council, they have to see the properly delivered eviction notice.

welbeck Tue 02-Nov-21 14:31:59

yes, actually that would be cheaper than having to get an eviction order , then possibly bailiffs too.
but try the police first and/or anti-social behaviour unit at council.

Peasblossom Tue 02-Nov-21 14:10:36

Well, on a practical note your friend could offer them a thousand to move out. It happens quite a lot. Some tenants view it as an income.

Galling, but sometimes the long view has to be taken.

Smileless2012 Tue 02-Nov-21 14:09:42

No, I never advocate breaking the law which is why what we've done has been totally legal.

We were very fortunate with the tenants we had in our bungalow for yearsnannypiano not so lucky with the one we currently have in our flat though.

AmberSpyglass Tue 02-Nov-21 14:06:47

Ah, that makes more sense Smileless!

I mean, I still think that you’re wrong on the most profound of moral levels. But I didn’t think you’d be advocating for breaking the law.

nannypiano Tue 02-Nov-21 14:05:12

I have had a one bedroom flat let out for ten years now and never had a problem with unruly tenants or non payment of rent. As I live over 100 miles away I decided to give the letting agents full reign of the property. I have had several changes of people coming and going, but my agents vet them thoroughly and do 3 monthly checks to make sure that the flat is in good order. So it's thanks to them I have had no problems. It costs money to do it that way, but also saves in the long run.

Smileless2012 Tue 02-Nov-21 14:01:14

You miss understood. You posted "everyone deserves a place to live" I don't agree that someone who trashes a property that belongs to someone else be that a private landlord, council or housing association has the right to be given some where else to live and trash that as well.

AmberSpyglass Tue 02-Nov-21 13:51:27

IMO when they trash the place where they live, then no they don't deserve to be given the opportunity to do so again.

You don’t think they deserve their legal rights? Perhaps I misread.

Smileless2012 Tue 02-Nov-21 13:50:02

Whose suggesting that?

AmberSpyglass Tue 02-Nov-21 13:46:47

You can’t be suggesting landlords break the law and evict someone illegally, surely?!

Smileless2012 Tue 02-Nov-21 13:45:47

But it isn't just a matter of serving a section 21. If the tenant refuses to leave the landlord has to go back to a solicitor and that case has to go to court.

It's often a lot more than tenants not moving out as planned, its them not moving out at all, about them trashing a perfectly decent property and IMO when they trash the place where they live, then no they don't deserve to be given the opportunity to do so again.

welbeck Tue 02-Nov-21 13:43:47

can you report them to the police if you have evidence of criminal activity.
are you sure it is the named tenant still in charge; or could he have been cuckooed.
perhpas you could say to the police that you fear this may have happened, and ask them to do a welfare check on the tenant.
that might just give whoever is there a push to move on ?

AmberSpyglass Tue 02-Nov-21 13:36:59

But that was a business risk you took, with those risks attached. It worked out for you, it might not have. It doesn’t matter if someone is ‘innocent’ or not, evicting them wouldn’t actually solve the problem. If you’re not prepared to accept the fact that your business venture might fail - in this case, with tenants that take longer to move out than planned - then you should under no circumstances let out your property.

GillT57 Tue 02-Nov-21 13:05:54

While I agree with you Ambers[yglass in that everyone deserves a place to live, I also think that people own the property have rights too. We let a house for a short period due to moving areas with jobs, and bridging finance etc., and we were most fortunate in that we had lovely tenants who only needed a house for 6 months or so while they were looking for a house to buy in what to them was a new area. Not every landlord is a Rachman, and not every tenant is an innocent victim of unscrupulous behaviour. Running a drug den is illegal whether it is your own property or rented and eviction should be swift.