tennants rights (if any...)

[adamhornsby]

Heres the story, as long winded as it is, heres the story.
My aunt in Filey, moved into a new home, and letted out their other home. They were there 2 years, and seemed friendly enough of what i've heard, they never defaulted on their payments and were looking to buy the place, but recently things started to turn sour, when they defaulted on a couple of months rent, and were doing a runner. Me, my dad and his sis (my aunt) took a look, and she was very upset, everything was trashed. Walls and carpets had holes in, sockets were broken, wallpaper had been damaged, light fittings had been broken and even the oven door had been broken. The tennants said that they 'had nothing to do with the damage, but it had happened on its own, or was like that when they moved in', what a likely story, ovens and light fittings apparently breaking on their own, what cods wallop. The house was filthy, and wasnt suitable for habitation, and i know my aunt wouldnt have left it in such a state, shes a pristine person. So the tennants wont pay the rent they've defaulted on, and wont pay back the bond, they also owe some utility bills, so my aunt has sent the bills to their new address. Do these tennants have many rights, and could my aunt get them back in court?
Obvious answer really, i reckon

[Mamjet]

Poltergeists, maybe.

[adamhornsby]

how do you mean?

[eyeshade]

Firstly, couple of things. As landlords, you should always do interim inspections, regardless of the fact they are paying rent, this can be added to the tenancy agreement and you go in and inspect the property on a regular basis with mutual agreement with the tenant. You can then see how things are going. Also how is it that the tenants have the bond? The landlord is supposed to have the bond and I would suggest 2 months up front although this isn't always possible. It is there for breakages, decoration etc.
Some tenants are fine, some are not and you win some, you lose some but why have they got the bond? The utility bills should have been put in their name when they moved in and the meters read, assuming that was done (and I hope so??) then the bill is their problem until such time as they move out and you change the locks, read the meters and change the name on the account. A good rental agent would have done this for you. You probably won't be able to do anything but return the flat to a lettable state asap so that you can gain some more rent. Suggest a proper tenancy agreement and management next time. Tenancies can always go wrong for whatever reason and it depends on what was in the agreement. Never let them keep the deposit!

[Twenty20]

Good answer from eyeshade. There should also have been an inventory done at the start and signed by the incoming tenant. Was one done? if none was done then there is very little chance of proving the condition when the tenant moved in. It would be one person's word against the other.

You can make a claim for unpaid rent up until the termination of the tenancy. I assume the tenancy has been officially ended (and I dont just mean the fact that the tenants are not living there)? You could try and claim for dilapidations but how do you prove it? I dont understand about the deposit either. The utility bills should be in the tenants name and are not your concern (unless they were never in the tenants name).

[adamhornsby]

they have proof or te state it was first in, as pictures were took by the estate agent

[themas]

If the tenants tried to argue the condition now was the same as when they moved in, and judge with an ounce of common sense would ask them wny they lived there for 2 years+ without complaining about it and getting something done. This, plus the photos, should make it perfectly possible to succeed in a County Court claim for the reasonable cost of the repairs.

However, that does not mean your aunt will get the money! If the ex-tenants genuinely don't have any then she won't get anywhere. Even if they do, getting it out of them will not be easy given their irresponsible attitude.

[dragongiraff]

Take the prob to the Housing Ombudsman Service for further, more specific advice:

'HOS' is @ 81 Aldwych, LONDON, WC2B $HN

'Phone: [phone]
Locall: 0845 712 5973
Minicom: 020 7404 7092
e-mail: [email protected]
Web: www.ihos.org.uk

[adamhornsby]

they have money, because they've just got a new mortgage and they're buying a new home!