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Ross Miller
Ross Miller,
Category: Property Law
Satisfied Customers: 622
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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My tenant has stopped paying rent. he is 5 months into an 18

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Hi my tenant has stopped paying rent. he is 5 months into an 18 month tenancy. There has been a small intermittent leak into the kitchen, from the roof area which is the freeholders responsibility and has taken 3 months to get to the bottom of. He can use the kitchen. the tenant has been threatening,intimidating and abusive to me, and I reported him to the police. he has slandered me to about 8 other people. He is determined that I am 'sadistic' and put in an email that he will 'f***ing'get me no matter the cost. I offered him a free months rent and to move out but he rejected that. He has told the agency that 'he is in a legal process and taking me to court so doesn't need to pay'. He has sent me several letters saying I am putting you on notice for costs etc..How should I handle this
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: No paperwork on my part and I have not been served with any papers, just emails with increasingly exaggerated demands from him
JA: Has he talked to a lawyer about this?
Customer: I don't know. He has threatened me before with legal action but not done anything, but I don't know what his plans are. I think he may be clinically paranoid, but I don't know that, so I am not sure he is predictable
JA: Anything else you want the lawyer to know before I connect you?
Customer: how does this service work?
Customer: replied 1 month ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 1 month ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

Hello my name is ***** ***** I can help with this matter.

The short version is that if he owes you rent then you can make a claim against him for the rent he is due or have this dedicated from his deposit upon his departure. If he is claiming that he is not paying the rent because of the issues, he would have to show that he still has the money there to be paid to you (usually put in separate holding account). However, as it sounds as though he is just being nasty. I would find it incredibly unlikely that he would have any legal standing to take you to court for any so called costs. Since he has not paid rent for a period which exceeds 3 months then you would have every right to evict him and serve notice. I would suggest just trying to get rid of this tenant as quickly as you can. You can explain to the deposit holding scheme that he has not paid rent and they will make a determination as to whether you should be compensated. If you feel the need then I would suggest hiring representation.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions.

Kind regards

Ross

Customer: replied 1 month ago.
HI he has only missed one months payment, how many months does he need to miss for me to evict him? thank you - happy to do 5 stars!

He would have to miss 3 consecutively or be consistently late with payments.

Customer: replied 1 month ago.
how late is late? a few days?

Late is late, but he has to be late on a regular basis. Here is the government website which will give you information as to how you can evict a tenant there are 16 different methods. https://www.gov.uk/evicting-tenants

Ross Miller,
Category: Property Law
Satisfied Customers: 622
Experience: Director (Litigation and Mediation) at Hilltop Solutions
Ross Miller and other Property Law Specialists are ready to help you
Customer: replied 1 month ago.
Hi Ross Are you available today to speak? It needs to be before 430?

will call around 3:30 if you rate the answer I can offer call

Customer: replied 1 month ago.
Hi I have discussed calling with Ross at 3.30 today - I don't want to have the live call with someone else.
Customer: replied 1 month ago.
Ross - can I just check that everything is in place for a 3.30 call? Thanks, ***** ***** a little confused as to why I have been called 3 times by expert answers
Customer: replied 1 month ago.
My questions are:
1) what do I have to do under ground 14 of housing act to serve section 8? Do I need to make a settlement to police and ask for the follow up call"has been guilty of conduct causing or likely to cause a nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions". I have not been able to enter the flat alone, I have been refused entry even though the lease allows it.he and his friends do not give me information not ehsateae of leak/repair. The builders think he is inventing evidence (whattspp screenshot)
2) ground 12: "Ground 12Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.
lease says 'clause 5b 'not to run a business from the property' - I have found that he is the sole proprietor under spanish law of a financial trading company and have a screen shot of the official entry dated december 2018, every time in the flat it is clear that he is at home all hours of the day, and has a computer and desk in the second bedroom. Is that sufficient? I was told he was working for a 3rd party bank, not that he was working from home?
3)Ground 8: I will have to wait another month before serving notice under this, but is there anything I should do now?(he has missed one month, not two months rent) and
4) Ground 1b - if I claim if as i) my principle residence? and ii)for my son who has lived there before?
Sorry so many questions
5 Ground 11) 2 delayed rent payments in August and now refusal to pay in Sept
6) ground 10 for rent outstanding alongs tide any of the other exclusions
Complicated by the fact that the tenant is delusional/sure that he can extract payment for what he sees as his mental stress caused by my'sadism'. I have only ever stuck to facts with him. His communication has always been personal and attacking.
Finally is there any legal action he can take against me? His demands are for back rent to be paid to him ie 5 months rent. He has been able to sleep work relax, bath, wash, wash clothes cook food clear up in all this time. so yes an inconvenience, but not removing access to the room involved or use of its function. thanks
Customer: replied 1 month ago.
are you calling now?
Customer: replied 1 month ago.
I have requested call back and we have made 3.30 as the time to call. Have I misunderstood how this works?

You have put an open request for a call which means any expert can pick it up however you have now asked a multitude of other questions not included in our original discussion. If you are able to rate the answer I gave you then the other questions can be posted

Customer: replied 1 month ago.
i have rated the question. Yes please for the call, and for the new questions to be the post. I have rung the central number to clarify this. apologies I am a new user

Hello,

I am sorry to learn of your situation.

I am a Qualified Solicitor with over 19 Years of experience in the UK.

If you still require a call, please advise and I will call you later today (Tuesday 24/09/2019).

Thanks.

Miles