Updating post from Reddit.
hey moved into my fully furnished property in August 2023. The house was in excellent condition and had everything needed for comfortable living. Unfortunately, over the last 11 months, they’ve completely trashed the place. Many items are broken or damaged, the property hasn't been cleaned even once, and the garden was only mowed one time after I repeatedly asked them.
Multiple people who visited the house recently described it as extremely dirty and poorly maintained. The tenancy is due to end in 15 days, and I already have new tenants scheduled to move in the same day. However, yesterday the current tenants messaged me saying they want to stay for an extra 1-2 days.
I explained that they must vacate on the agreed date because the new tenants are moving in, and their delay would cause serious problems. They have very few belongings of their own, and the rest is my furniture. I suggested using a self-storage facility temporarily, but they refused, saying they can’t rent one for just a couple of days as most require a minimum one-week rental. I told them that they’re now creating extra costs and inconvenience for the new tenant, who may have to stay in a hotel and use storage themselves and that those costs would be their responsibility. They ignored this.
To make matters worse, the police have been called to the property at least five times during the tenancy. I personally witnessed the tenant using drugs in the garden, and on one occasion, the police found a bag of cannabis in the house and took action. One of the tenants appears to be addicted to drugs.
There is also a guarantor who signed the tenancy agreement.
What I need advice on:Having tenants ready to move in the day, they leave is a rookie error. If they don’t go, it can take you to get months, even over a year, to get them out and will cost 5 figures. Theoretically, they’re liable for costs, getting it is another matter.
Let alone time to clean up so the new tenants feel they are valued.
So you’ve noticed anti social and illegal behaviour and done nothing. You’ve not bothered to do visits yourself but relied on others to feed information back to you?
So basically a rubbish landlord whims sat back collected rent, allowed your place to get trashed and not taken any action until the last minute.
Not sure how or why you’d line up a tenant to move in same/next day without checking it’s clean in advance and confirmed move out with current tenants.
You either need to arrange a new move in date with tenant or put them up in accommodation.
You can then try and pursue your current tenant for monies. Hopefully you’ve protected the deposit.
Not sure the police angle is going to help you in any way.
Welcome to the world of being a LL.
Tenancies don't just end at the end of the fixed period they become a rolling month to month and that's outlined by law
Damage comes out of the deposit
By signing a new Tenant and not providing a place to live you must supply an alternative place for them to go until the property becomes available ie a hotel or another place to live
You should never look for another Tenant until the place is empty and ready to go,
There's always work to be done when someone moves out even if it's just a touch up of the paint work
Basically you have screwed yourself unfortunately
If the place is trashed why on earth would you have such a close move in date for new tenants (all other considerations aside as detailed by others). Are you knowingly and willingly moving tenants in to a shit tip?!
You need legal advice, not Reddit. But briefly:
1 - Damage and cleaning yes in theory. Delays no.
I would be very suspicious as to the true creditworthiness and reliability of someone who signed up to be a guarantor for a drug addict, anyway.
You must understand, also, that if they don't leave it will take you months to a year to evict, and that every scrap of paperwork has to be in order. The courts are very slow, and very much on the side of the tenant; they won't hesitate to throw out a s.21 eviction for a paperwork error and leave you to wait months for another attempt.
I'd put the chance of you getting anything at about 25%, and that's only because there's a guarantor. If it were just a junkie alone it'd be 1%.
As others have mentioned, why would you have them move in on the day after the other tenants have trashed the place? Have the new tenants even seen the property? What was agreed with them? I can't imagine many tenants looking at a trashed house and agreeing to take it over 'as is'. How was you expecting to have time to do the inventory and take pictures etc? Otherwise, not only are you going to be having headaches with your current tenants, but you may be having issues with your new ones. I hope they arent expecting the place to look like in the original pictures.
Are you using an agency? Surely they must have advised you this. Who are these multiple people who have visited the property? Agency people? None of this makes sense.
And I don't think you can charge them for the cost of delaying the new tenants, since any reasonable person would argue it was unreasonable to expect a new tenant to move in the next day. That's on you
Did the current tenant give you a date for them to move out in writing? If you are just basing them moving out on what they have said, you could be in for a big problem.
Long story short yes they gave me a date. Which is the date contract ends. I want to punish the tenant coz they have never been fair. I have always been helpful to them but they ruined my trust I have spoken to my new tenant and they will give me time to get the house cleaned but But I wanted to know how I can financially panish the tenants, coz they lied to me many times And decided to stay extra days
You are ABSOLUTELY FUCKED and if you won't listen to the Reddit peanut gallery, you need to get to a specialist solicitor, PRONTO.
Your potential liability to your next tenants is very significant and you need to focus on that.
If you go in with that attitude, then you will end up with greater losses. Amy damage to the property will need to be dealt with via deposit scheme. The current tenant has no liability when it comes to your error in releting a property that is not vacant. That is entirely on you. Rather than punish the current tenants, you might want to work with them to get the property turned around as quickly as possible to limit the damage you will pay out to the new tenant whose contract you are about to breach.