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Landlord Anecdote


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HOLA441

Landlord is happy to receive rent, but the agreement has been breached because of non-occupation for more than 28 days. Landlord is concerned about maintenance of the property, so they're considering taking possession.

Any thoughts?

I can't for one minute believe that a court would find that clause valid in a domestic letting contract and even think about giving possession for the breach

Sorry, can’t help on the substantive question

tim

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HOLA442
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HOLA443

Insurance + I assume that they'd like to know that someone is likely to notice if the pipes spring a leak etc.

If that *were* caused by non occupation that would be the tenant's problem

tim

I'm actually with the landlords here. An empty property can quickly become a nightmare, which is why lots of insurance (bulidings and contents) will be invalidated if it's empty for a month or more.

From leaks / floods / broken windows to squatters / brake-ins etc.

There was a Homes under the Hammer on tv a few days ago that was bought sight unseen. They buyers were in for a surprise when the got to view it. It had been empty a while (repossession?). Thieves had been round and not only had all the copper piping been ripped out of the bathrooms but they had even nicked the stone flooring in the living room leaving a big hole and a pile of rubble

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HOLA444

There was a Homes under the Hammer on tv a few days ago that was bought sight unseen. They buyers were in for a surprise when the got to view it. It had been empty a while (repossession?). Thieves had been round and not only had all the copper piping been ripped out of the bathrooms but they had even nicked the stone flooring in the living room leaving a big hole and a pile of rubble

It's quite common with auction properties for the "boiler" to be nicked

The "for sale" sign up outside is a much bigger problem than the tenant leaving it empty IMHO

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HOLA445

A few things occur to me straight away.

1) The property is being used for a second identity, "other business" dealings that the inhabitant does not want attached to the address of his/her primary residence, or welfare claims or vote fraud.

2) Someone is on "disability" but lives abroad. This, so I have been told, is a marvellous way for save rather a lot of money: qualify for "disability" and LHA and then go live in India or Vietnam for four month stretches at a time. Do this for a few years and you come back to a nice pile of cash sat in your bank account.

3) Someone works away.

4) Something or someone has been forgotten or misplaced or something is wrong. This is not a stupid point, btw. I have lived in a rented house for four years and, every quarter, the previous tenant gets a Sky statement for subscription to the property. It is £40 every month, and this guy has been paying it for 4 YEARS and has not noticed. We are talking about nearly £2K in total. No matter how many times we send it back saying the guy no longer lives in the property, the statements still arrive.

5) There is funny business afoot. Put it this way, if you are ostracised from family, have a bank account with a fair wedge in it or you claim LHA, and you "disappeared" ... how long would it be before someone realised? I have come across a few cases where someone has only realised someone is missing when the rent suddenly stopped being paid after the account had been totally run down through automatic SOs after a period of a year or so.

My suggestion? Write to the tenant about a matter (make one up) and request a reply within 90 days. If nothing turns up, then seek legal advice.

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