Buy To Let Blog
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Blog: I've recently had a tenant though an agency that broke a six-month tenancy due to the fact the property is allegedly haunted. I agreed to put the house back up for rent and as soon as new tenants where found stop his agreement. I thought this to be fair.
During the three months that he was in the property he constantly had complaints about everything and was constantly calling out electricians, roofers and window fitters meaning I never collected any rent from him.
Anyhow 2 days after moving out he went into the agency and said he wasn't going to pay the remaining three months and if I made him he'd go to the papers about the "haunting". We came to an agreement that he would give up his keys and pay 2 months rent and the third month would come out of his deposit. Again I thought I was being fair.
Whilst I was on holiday he started shouting for his remaining deposit money back off the agency and the agency contacted me to check the house was in order and that it was ok to release the remaining deposit. I agreed even though I hadn't viewed the property, as I just wanted rid of him. .
The property isn’t renting out due to the fact the rental market is saturated with unfurnished houses, so I decided to furnish it. He has apparently seen me enter the property and has viewed "stuff" inside, so has decided that someone has moved in and wants his rental money back. Since looking in the property, I have found he has caused damage to the internals doors by placing locks on the outside of bedroom doors and has botched a light in the loft by making a large hole in the bedroom ceiling. .
The agent has explained to him that I'm furnishing it, therefore explaining the "stuff" in there and my comings and goings. Also that I’d drop the damage claim if he doesn’t bother me again..
He has know said that the neighbours have told him that there was a New Years Eve party in the property and he's taking legal advice. .
Firstly I was in New York for New Year, proof enough it wasn't me and my partner was at a party nowhere near the house. Lots of witnesses etc. So my question is what do I do? Just to let you know the property isn't haunted. Thanks.
Blog Reply: Sounds like you've picked up what we call a "professional" tenant! With regards to the repairs which prevented you from collecting any rent, were they justified? Did he notify you or your agent of the faults and give you a reasonable period to carry out the repairs? If you did not complete same within a reasonable time frame, did he furnish you with two quotations and then get the problem fixed in accordance with the cheaper one, deducting this cost only from his rent? If he didn't I would consider counter suing him for the rent he owes if he decides to take the threatened action, which he probably won't. If he wants a refund of his remaining rent, he will need evidence that the property is re-let. Can he produce a copy of the new AST (No) or a witness in court who will state that he is your new tenant? (No)
I should ignore his threats and with a bit of luck he will go away. He hasn't much to stand on! Also I would check with your agent what references he checked when first adviing you to accept this tenant. Were said references checked by telephoning the referees - it's the only way, and a former landlord's reference is also essential.
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