I’m Evicting My Tenant
09 Jul 2007
On the 15th of July 2009 my tenant will have fallen 2 months in arrears and she will owe me £1.5k. Unfortunately I have no confidence in the parasite to come good with the money. She’s given me every damn excuse in the book so far, and to be honest, I don’t give a shit if her excuses are genuine or not, because she still owes me rent and I have a mortgage to pay.
At first, I was like, “ok, this woman has problems, I’ll let her pay a few weeks late”, but she’s taking the piss and dragged this on for far too long. She’s blatantly taking advantage of the small window of opportunity I’ve given her. Last week she said on multiple occasions that she would put “some” of the money in my account. That never happened.
Funny thing is, she receives social benefits from the council to pay her rent, so she’s obviously doing something else other than paying her rent with the money. She’s probably buying crack and injecting her eyeballs with it, courtesy of us tax payers. Lovely.
The council don’t seem to give a shit. I called them and explained my situation, and I was enquiring whether or not she was receiving her benefit cheques. They basically said they couldn’t tell me anything in regards to her financial status, and I was like,
don’t you care that she’s not paying her rent with the benefits she’s receiving, which is meant to be going towards her rent?
The woman on the other end basically didn’t care one bit. She sounded like she was oblivious to what I was saying.
It’s no wonder people take advantage of the fucking Government and cling onto social benefits, because it’s so damn easy to scam the system. Even when the right people are made aware of a problem, there’s still no progress. Well, if it’s THAT easy to take tenancy in someone’s property without paying a penny, I think I’d rather do that than pay my own mortgage.
My tenant is ignoring me. URGH!!
My tenant won’t pick up the phone when I call, nor does she return my messages. She’s clearly avoiding the situation, which is basically the worst thing she can do, because now she’s going to be unexpectedly hit with a valid possession notice, which gives her 14 days to get the fuck out of my property, or she can expect to have a warm seat waiting for her in court. I just hope she has enough money to pay for the bus fare to get to court.
Fortunately, I took out a guarantor insurance policy with Home Let, which basically covers 50% of my rent if my tenant fails to make her monthly payments. They will also cover all my legal costs if my tenant happens to breach her contract (which she has), which allows me to evict her DUMB FUCKING ASS without paying a penny! Evicting someone can be a costly process, so it’s probably well worth taking out insurance if you’re a private landlord handling everything without the aid of a letting agent.
I hope this is the bitter start of a miserable life for her. The bitch is abusing the system, and I hope she gets thrown out onto the streets, which forces her into a life of prostitution.
I can’t legally evict my tenant until she falls 2 months in arrears. So if my tenant doesn’t make payment by the 16th of June, I can legally evict her (which I will). Watch the space…
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Talk / 227 Comments left so far
Sorry, I have been rather remiss in not keeping you all up to date, but then things have been a tad busy so hpoefully you will forgive me just this once....
OK, so, as you may recall, the story so far is that I have not been paid any rent since October and I have served a Section 21 notice, which expired on 5/2 and a Section 8 notice for which I had a court date of 19/2....
Well, amazingly......she came to court!!! It was quite a shock to the guys from the rental agency who found her in the first place too!! We all walked into a room with a judge person sat at the end and the agents, who I had asked to act on my behalf as they have done this kind of thing before, explained the circumstances and how much was owed. The judge then gave her a chance to say her piece. We had to sit there and listen to the usual rubbish about having gone on holiday and been taken ill and so the company she worked for had cancelled her contract....blah blah blah.....yawn.... but then she dropped a whole new bombshell. She is now 3 months pregnant!!!!!
Hang on a mo...let's do some maths here...that would mean she was SO ill on holiday she couldn't fly home for months but she was able to get pregnant.....
Anywhen, the agent and I managed not to laugh which was good coz the judge may not have appreciated that, and when she was done the judge asked her a wonderful question. He asked...."What do you expect me to do about all that?" to which she had no answer what so ever.
So, he gave her 14 days to get out, made the debt figure a court order debt so I can now pass it onto a debt collection agency with much greater ease AND awarded costs against her to!!
Sadly, but then he was most probably legally bound to do so, he then explained that should she not leave on or before 5/3 then I could ask the court to appoint bailiffs, without another hearing, and they would take between 1 and 2 weeks but they would throw her arse out on the street....maybe not phrased like that but you get the idea.
So....where are we now....she is still there and is showing no signs of moving. My neighbour spies have seen no packing and the other person who is there and seems to be living in one room is still there too.
I have come back to Portugal coz I got bored with the cold. It seems to be as rainy here as in the UK so no difference there but at least it is warm!!
I have given the agency permission to sort out bailiffs if as and when they are required so, hopefully, I shall not need to come back for a few weeks yet.
Lastly, on a kinda funny note, I also spoke to the agency about finding some new tenants to replace her when she does eventually leave. As you may recall she is Nigerian. Well.....they have some folk locally who's landlord is selling the house from under them, all above board so not an issue that way, but they may well need a new place to live just at the point when my house is available. They have been paying £1,400 a month for the past 2 years by direct debit, every month on time and are deemed perfect tenants. One problem.....they are Nigerian too....
So....I throw it open to the floor.....should I accept these folk or not??
I hope everyone elses issues get resolved soon....
Andrew
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Well, there has been a development!!!
Apparently, my delightful freeloading tenant "can't leave" on 5/3 when the court order says she has to be out BUT she will be leaving on 13/3...or so she said to the agency this morning.
So, this leaves me in a quandry.
Do I book bailiffs and pay £120, who will take 3 weeks or do I wait the extra week and see if she actually goes??
It really does my head in all this!!!!
May your troubles be less than mine.....
Andrew
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Well, I came to a decision in the end and have instructed bailiffs as she is most probably lying as she seems to do his compulsively.
I am also going to head back to the UK as soon as I can and, with luck, will actually be there to watch her leave and make sure she does not take any of my stuff. With any luck, this time next week i shall be rid of her!!!!
Here's hoping you only have minor issues!!
Andrew
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Once again there have been developments!!
Having driven back from Portugal on Wednesday and Thusday and got into The UK at 5am....I got woken up at 9:30am by a call from my neighbour to tell me that a removal van had just turned up and that my tenant seemed to be moving out!! So I rang the agency and one of their chaps dashed up there immediately and I jumped in the car and headed there myself.
By the time I got there it was all over. She had LEFT!!!! So, why was the agency chap standing there and not looking very happy??
Well, after the removers had got all her stuff out he had asked her for the keys and she had walked to the van and taken a suitcase off and put it back in the house and refused to give the keys back as she is going to still be resident there until the bailiffs turn up.
She also explained to him that there is nothing he or I can do as the law protects her from the likes of me......
So........I wait......
Hoping your problems are resolving themselves.....
Andrew
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Andrew, did you get into the house?
Dare I ask... what was it like??
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An amazing piece of timing on your part!!
YES!!!! I got the keys back today!!!!
I shall update you all on the events of the past 2 weeks maybe this evening but most probably Monday evening as I have much to do and the agency already have folk wanting to come see my house!!
I feel like a kid on Christmas morning at the mo :)
Hoping all your landlord troubles resolve themsleves quicker than mine did.....
Andrew
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I've been following your saga and glad you've got your keys back.
I got my property back on 15th February...such a relief to get the keys back....even if they leave it like a hell hole (but what can you expect from scumbags).
Im in a dilemma now and would value advice.
1. My no good ex tenant obviously owes rent....her guarantor was her manager where she works (and also her sister).....do I go for attachment of earnings or put it down to bad experience?? I would have to outlay about £400 which would be added to what they owe but I might only get it back at peanuts per week OR do I put it down as a bad experience, learn from it and move on....help???
2. I have someone else who is interested in renting the flat. She seems really keen. Do I take a chance on renting out again or do I try and sell the property?? Help again
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Well, finally she is gone!!!! Not far.....but gone!! Her boyfriend delivered the keys back to the agency on Friday morning and that was it......my house is MINE again!!!
Within minutes of getting the news, I was on my way there. The agent turned up to do the inventory checkout, but decided to leave that till after the place had been sorted as much of my furniture was piled up in the garage and therefore could not be checked off anyway. A locksmith turned up and changed the locks and I dashed out and got a new padlock for the garage door as she has not returned the garage door key.
Whilst I was there, the postman turned up too so I was able to cancel the re-direct on my post and he told me that there are 7 (seven) re-directs in place for her and her various companies she has registered at my address!!
There wasn't really a lot more I could do on Friday so collected up the filthy net curtains she had dumped on the living room floor and left then and returned with help on Saturday to start "Operation Cleanup".
I suppose I should count myself as fortunate that the carpets and most of the walls are not damaged and were not that dirty. I have had to fill a couple of holes and will have to re-paint some small areas but I have the original paint pots in the loft so this should not be hard. However, the kitchen and the en-suite shower room off the master bedroom were a different story!!
To put it in a nutshell. The woman has lived there for nearly a year and has never in all that time done ANYTHING about cleaning the shower room. The glass doors were opaque for God's sake!!!! and as for the kitchen....it is now clean and next time I shall get a cleaning company to do it!!
So, 2 days of damned hard work later and the house is ready to rent out again!!! Still needs a bit of work as the oven is still a bit scummy but another 3 doses of oven cleaner over the course of a day should see that done :) and the tiles in the en-suite shower should come up clean with another dose of some more serious acid and then, with luck, the agency will find me some half decent tenants and all will be good!!!
I suppose these things always end "and they lived happily ever after...". However, this may end slightly differently....
You see, best beloved, I am currently £5,000 out of pocket. Having read the sort of crap that people like DrNogood writes here, I am sure some folk are clapping and cheering and thinking "Yay!! another nasty, evil landlord is suffering"....and you'd be right. But....and it is a big BUT....I know where she lives. I know a great many of the aliases she uses, I know the names of the companies she is a director of, I know the name of her supposed husband in America and the name of the company she has there. I know which banks she has been defrauding, I know she has been claiming benefits.....oh yes.....there is MUCH I know!!
So, in the end, best beloved, when it comes down to it, I shall take her for every penny she has and every item she owns up to the value of £5,000 and I shall destroy any chance she has of getting a bank loan for another of her fraudulent companies ever again......
It shall be open season on her soon and I shall keep you all posted as to progress :)
DrNogood.....take note....not all of us landlords were always landlords. Some of us have some very useful contacts in other businesses from our previous lives....
Rach,
I would not give up on renting as the income is useful and you get the capital appreciation when the housing market picks up.
What you do need to do it to VERY carefully check out your prospective new tenant. Google her name. Google her previous address and any she has had in the past 3 years. Pay the few quid to have her checked out by a credit agency. Phone her employers and check she has been there as long as she says she has and earns what she says she earns.
If she comes back smelling of roses.....go for it, but if you have any doubts...if somthing does not come back "right" then find someone else!!
Lastly, on the unpaid rent, it has been suggested to me that I pass the debt onto a debt recovery company. This may require another trip to court (rather like a section 8 hearing) to get the debt "court appointed" but, depending on the amount, a debt recovery will usually charge about 20% of the debt as a fee and do it on an "as we get it" basis with a minimal or no up-front fee.
I have not looked into this in detail yet so am speaking only from hearsay, but it may be an inexpensive route for you to follow. I'm sure there will be a debt recovery company in your area so, I suggest, giving them a call and seeing how the land lays...
Whatever you decide, do keep us posted!!
For now though....may all your troubles be small ones and remember....there's no such thing as a problem...there are just opportunities in disguise....
Andrew
204
In my last post I mentioned that there are 7 re-directs from my address for my ex-tenant. Happily, things which are delivered by hand or are not in one of the names she has set up for re-direction are still arriving.
I went to my house yesterday and there were 2 letters on the hall floor. One was from the TV licencing folk. Someone has bought a TV in Morrisons and given my address. Having looked about I have an idea who......
However, this is just for starters. The real deal was the second letter.
Guess what!! She has never paid a penny of council tax!! What a fine upstanding citizen she is eh??
So, the second letter was from a bailiff who wants to take £1,147.80's worth of goods or chattel from my property which, it just so happens, has only MY property in it!!!!!
I have some phone calls to make in the morning.
Shall keep you posted.
Andrew
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we gave them a 12 month contract but was persistantly late and i get charged for the mortgage being late the agreement is now up and i dont want to renew it how much notice do i have to give them.also for them to carry on staying they have to pay up front for the rent as i have no deposit from them i dont they they will pay anyway what do you think my rights are
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Just a quick note to keep you up to date with things in my world.
I have new tenants!!! Deposit all safely banked and this time using the agency to manage it.
I guyess it is now open season on ex-tenants :).
Let the fun begin!
Andrew
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Having just been through the whole evicting thing myself and, this very morning, starting the "get my £5,000 back" process, my advice would be.... Buy some decent rope and post it to tenant with a short list of 3 or 4 suitable places to make use of same...
Sorry but there is no room for sentiment in business and having anyone rip you off is a no-no!!
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Issue the notice - or get someone else to do it for you. If they threaten to top themselves then call their bluff or give them the telephone number of the Samaritans.
Hope it works out.
TB
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I'm new to this site, but have a situation that I could do with some advice with from anyone who has had a similar situation.
We own a flat which we bought last year. At the time, it already had tenants, who were no problem whatsoever. Unfortunately, they move on at the start of the year, so we cleaned and decorated the place and advertised it. Eventually, we rented it to what seemed a nice young lady called Mandy. We are new to this business, but took what we thought were the right steps. Mandy said she'd been living at her parents after the pub her boyfriend ran went out of business. She gave us £200 deposit plus £450 for the first month's rent, all in cash. She also gave us a bank statement, and a reference from her employer, and moved in a week or so after.
All went well, and the following month she phoned asking us to collect her rent in cash, as she was in the process of changing banks. This we did, and we noticed that she'd got the place nicely furnished, and that she and her boyfriend seemed really settled.
The same thing happened the following month, but she assured us that she'd now set up a standing order for future payments.
Then, it all went sour! On the due date, no money had appeared in our account, so we sent her a text. No response. We phoned and left a couple of messages. No response. After a week, we went round to see what was happening. On arriving, a neighbour told us that they'd moved out last week. The two sets of keys were in the mailbox, along with a bill from Sky and other mail. We let ourselves in to the flat, and sure enough, it was empty, apert from a single bed, a fridge-freezer, cupboards full of food, a wardrobe, and a few clothes scattered about. It seems that they left in a bit of a hurry. Fortunately, there was little damage, a broken toilet seat, and a missing shower screen, but the place is filthy.
Our problem is as follows:
Her Tenancy Agreement was for a minimum of six months. So far, we have had three months rent. As we are unable to contact her, we are unsure of what to do.
My first thought was to change the lock. Is this the right thing to do?
Secondly, we consider that she is still liable for three months rent. Can we get this off her?
Thirdly, how can we trace her?
Any advice from anyone who may have had a similar situation would be very welcome.
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You can't change the lock. Just because they appear to have "abandoned" the property does not mean you can just go in, nor does the fact that they have left keys there mean they have gone for good!
Example is they were raided by the police and are currently in prison or at the nick and they were taken away before they could get their keys! Unlikely but acceptable in the eyes of the law especially if the tenants later come back, find the door locks changed and another family in their home (which it still is as they are still under an AST). Maybe they have gone on a long holiday (unlikely but plausible). If you do change the locks/get in more tenants without following the correct method for legally getting hold of your property again then you are leaving yourself wide open to be sued for tresspass/illegal eviction. No I know it's not fair but that is how it is! If they have left food then I would go very carefully!
If she has gone what do you think YOUR chances are of getting the rent? Probably not worth the cost of chasing. Put it down to experience. Tracing may be possible through the electoral roll but not likely if they have a habit of doing this. You say you have an employer reference - give the employer a call!
You can only start the eviction proceedure when they are 2 months late paying rent and then you must issue a section 8 notice citing either ground 8 or 12.
Would suggest you do all you can to ascertain whether they have actually surrendered the tenancy before setting foot in th eproperty and I certainly would not base your opinion on the neighbours comments that "they moved out last week". A slippery and dangerous path to follow!
Cheers
Jools
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Thanks very much for the advice. I've done a little research myself, and it seems to concur with what you say.
As you say, I think what I need to do initially, is to try and establish whether they have 'officially' moved out. I've sent her a text asking her this, (no response obviously) and this afternoon I've posted a letter to her asking the same. I'm not sure whether she's having her mail redirected but if it goes to her flat, I'll just leave it there.
Raided by the police - possible, but I think unlikely, and I'm pretty certain they haven't gone on holiday as they've taken the TV, wall units, double bed, dining table and chairs, and everything else apart from the things I mentioned.
I'll give it until next week to see if she responds to anything, then I'll phone her employer (if she's still there).
It's all bloody annoying as it appears that I won't get any more rent from her, I can't re-let it for months, and I still have to pay the monthly service charge of £90. We are by no means 'wealthy landowners'. We have a mortgage on our own property, and I was made redundant last year. We bought the flat with some money my wife's father left us when he sadly died thinking that it would give a better return than the banks, and it would be our retirement nest-egg so to speak.
I wonder why the law is so biased towards folk like this.
Anyway, thanks again for the advice, it's much appreciated.
Cheers,
Nick
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you went over to theproperty to deliver a letter found the door wide open and funiture missing you suspected the tenants have moved out. In order to protect the property you have changed the yale lock and then placed a notice on the door addressed to the tenants telling them what you have done and where they can collect the key from.
if you dont hear anything well id assume they have gone.
as for getting your money back dont bother move on.
paddy
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Thanks for your comment. In hindsight, this may have been a good idea. The trouble is, being new to this, and basically, being an honest and fair sort of guy, I thought I'd play things 'by the book'. Also, the neighbour, who seems a nice lady, was witness to the fact that when we arrived, the door was locked.
An idea my brother came up with this morning though was to go and change the lock, saying that since we first went over there, someone had tried to break in, damaging the existing lock, leaving us no alternative to keep the property secure. Very similar to your idea. I might just do that.
As you would indicate, I've given up any notion of getting any more money out of the bitch.
Thanks for your response.
Nick
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It's just appalling, and I feel for you. I'm having my own problems with a delinquent tenant, so I know just how infuriating they can be.
What really p***es me off though is their attitude. People who are taken a face-value and trusted with someone else's major investment seem to think they can do as they see fit once they have moved in to the property. Renting accommodation seems to be only 'industry' where the owners are discriminated against. If someone rented a car, a television or any other commodity, and either (a) defaulted on their payments, and/or (b) damaged the items, the full force of the law would be on the side of the owner of the property. However, with rented accommodation, the shoe seems to be on the other foot. It's totally wrong, and seems to encourage scum like your tenent to take advantage of the situation.
I'm pretty 'old school' and of the opinion that people should take care of someone else's property even more than that their my own. Sadly though, I think I'm in a minority these days. Years of successive governments have created a society that wants everything for nothing, and to Hell with the consequences. What with Political Correctness, Human Rights, Data Protection and all the other nonsense we've now created, it's hardly surprising that scum (and I make no apology for the term) like your tenant feel it's their 'right' to do what they do. Anyway, don't get me on politics, especially on a Friday as it drives my wife mad!
Good luck with your case, and I really do hope you get your own back, in any and every way that gives you gratification.
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Well I have been reading the comments here for some time in order to educate myself.
I am not a professional landlord as you will learn. I had great tenants for three years and probably only spoke to them three times over that time. They paid rent on time every time and when they left the flat was tidy and all in order.
Sadly they bought a house. They were my first tenants. So now I needed a new tenant. I got a call from a local housing charity that helps to find accommodation for people who are either homeless or at threat of being homeless. Well having once been homeless myself I thought I would try to help. “Stupid”
My new tenant from the start was late with rent and it seems I had to speak to him weekly to chase him for money. Finally he stopped paying altogether and in the end I had had enough and put the flat on the market and got housing benefit to pay me directly.
Got an offer that I accepted so issued the tenant with a notice 21 as he is now out of the fixed term. Hope I got it right. Rent is due on the 9th of each month so issued it on the 8th of June in person with my partner as a witness asking him to vacate on the 9th of August.
Now the buyer’s solicitors are asking that I get him to sign some paperwork to say he will vacate on completion of contract. Well I have given up all hope of getting any money from him and anyway he never returns my calls or replies to text or e-mail and is unlikely to sign it anyway. There is an added difficulty as I am currently working away from home so cant check the flat and don’t even know if he is still there. My guess is that he is still there and I fear he is going to take me for a ride and drag things out.
My main worry is that my buyer will pull out if he digs in his heals so I have written and made him an offer to waive all the arrears “won’t see it anyway” And give him £300 to get the F out by Aug 8th. Guess what no response!!!
I am flying back at the end of July so I can hopefully negotiate with him. My hope is that he is already gone as despite all of my calls, texts and e-mails I have not heard from him since serving him notice some weeks ago.
Any suggestions? Very tempted to send the boys round
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New here so go easy!
I'm a tenant who until last month has never paid late in my life.
Unfortunately my husbands employer didn't pay him for May or June and subsequently disappeared leaving him without a job.
We put in our claims for housing benefit because we were left with nothing. They took 5 weeks to process the claim and I'm receiving first payment on Monday for the rent from 4th June 2010 to 3rd July 2010
I will then receive my rent every 2 weeks leaving me in arrears every month.
My landlord is not happy with this understandably but what else can I do? The council refuses to pay on the day it's due.
I've managed to get myself a new job and my husband is starting his own company. We are not benefit people and having to claim depresses me if I'm honest.
My landlord keeps threatening me with a section 21 but as of yet hasn't issued it. My tenancy is up on the 3rd September and the landlord has said he will make a decision on the 2nd August as to whether he will issue a section 21 or renew.
I understand it's a pain getting rent paid late, not receiving your wages is a pain too!
I really feel that my landlord doesn't want us here now though because we've had to apply for help through council tax benefit.
I've given my authority to the council to pay the landlord direct but they've refused and insisted I receive the payments. My landlord is not happy with this either.
What can I do? I'm happy for it to go straight to him but I can't force the council to give it to him!
I'm ranting and making no sense. Sorry, it's been a very stressful time.
I guess I just wanted to say not all people claiming benefits are scum, even though you're made to feel like it.
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I sympathise with you. I'm the landlord of one property (see my story above). My delinquent tenant has just absconded after three months of a minimum six month rental agreement. She owes me three months rent, and it has cost me quite a sum of money to make the repairs necessary after the damage she has caused, and to clean the place out. What's more, she refuses to answer any calls or texts, and has not left a forwarding address. Bills from service providers arrive on a weekly basis.
Had you been my tenant, with a case of genuine hardship, I would certainly have been more understanding that your landlord, and I'm sure we could have worked something out. At least you had the courtesy to let him know the position, and I wish you the very best in sorting out your problems. Playing Devil's Advocate for a moment though, maybe your landlord has been stung previously as I have, and as Jan1cecho has(or worse)and although it seems awfully hard on you, I'm afraid that other less sensible and courteous tenants like mine and Jan1cecho's unfortunately make things worse for genuine cases such as yours.
All the best.
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:D The most ironic landlord comment I have ever seen in my life. Simple. If you don't want problems with bad tennants, don't become landlords!
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It's a weak argument which you can apply to any scenerio.
I'm sure you've had to deal with a negative situation based on the decisions you've made in life.
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I have been pretty inactive since my current landlady is a joy! She's a married woman who has a spare place now she lives with hubby. Totally clueless, totally oblivious to the laws and regulations around tenancies BUT:
1) Fixes stuff without me asking
2) Leaves me alone
3) Doesn't use words like 'soiled' or 'dwelling'
4) Calls me by name
5) Hasn't uttered the immortal "that's the tenant's responsibility" phrase once.
If she had a bad tenant she would be very sad and potentially shattered, but luckily she has me! She vetted many people before me so made the very wise choice to only let to people she could see were decent. Advice to landlords: be very picky!
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