Ending a fixed term tenancy

[blacjac]

Hi

I am a first time landlord (16mths), my first tenants were great, there year finsihed and they moved on sadly, my new tenant is a problem and I want to try to end the tenancy (6mths odd to go). By problem I inspected three weekends ago and there are three holes in the place and a broken window.

I have given him four weeks to fix everything and catch up on his rent as he is lagging but cunningly not falling behind just not paying in advance.

The usual excuses are on the table, ex partner this, break up that, troublesome person did this and that blah blah...

How to I get him out, or do i just have to bend over and take it while he destroys my property until he gets behind in the rent or the term finishes.

I am doing the follow up inspection this weekend and plan to ask him for a mutual termination of term, any advice??

[Keys]

Spend 40 hours here reading all you can in the tenant stuff database (you'll need to spend more time though). Employ a bulldog of a PM to get rid of the tenant. Pay him handsomely. Learn the ropes.

There is much I can assist you with. As can others. However, I get weary of answering basic questions. Take some time to read the threads here.

Here's some basic questions for you. Did you get a photo of your tenant? Did you positively identify him? Did you check him out here? Did you do a credit check here?

Do you know the in's and out's of the RTA? (Please tell me you know what those three letters mean!)

[Keys]

Hmmmm. Current activity. "REPORTING A POST!"

[AMR]

I think you scared him off with your name! :P

[BusyLizzy]

No reported posts today, Keys! (Actually, it's been pretty quiet lately on that front...).

[Keys]

No reported posts today, Keys! (Actually, it's been pretty quiet lately on that front...).

Looked a little different last night though:

Drat. Can't get the image to post here. Here's the link.

[eri]

well that's 1 form of screen capture i guess...

[Keys]

well that's 1 form of screen capture i guess...

Some parts of computing I can't get. I can do the "print screen" bit but can't get the resulting file to become a jpg. Please don't teach me. I'm not wanting to know how.

[revdev]

Is that twink on your monitor?

[blacjac]

Thanks Keys

I am quite familar with the RTA, which is why I ask after any practical experiences. Clearly the RTA is a slow moving machine which is fine i was really enquiring to see if there are any other practical "tips".

My plan is to simply inspect alot more, talk about an early end to the tenancy hopefully make him feel uncomfortable and get him out.

This alongside and application to the TT if the damage is not repaired this weekend will hopefully get the desired result.

And no photo, but I.D through Drivers license, he owns a bar which i have meet him at and i had not done a credit check which is a lesson learnt.

[Viking]

Where's the 14 day notice then, if you know the RTA.
You don't do you?

[WGN ex-property manager]

Thanks Keys

I am quite familar with the RTA, which is why I ask after any practical experiences. Clearly the RTA is a slow moving machine which is fine i was really enquiring to see if there are any other practical "tips".

My plan is to simply inspect alot more, talk about an early end to the tenancy hopefully make him feel uncomfortable and get him out.

This alongside and application to the TT if the damage is not repaired this weekend will hopefully get the desired result.

And no photo, but I.D through Drivers license, he owns a bar which i have meet him at and i had not done a credit check which is a lesson learnt.

Ok, so you want to try and negotiate him out.

Some steps:

1. Get the 14 day letter in anyway (this represents your BATNA Best Alternative To Negotiated Agreement).

2. Discuss with the tenant what you're not happy about. Point out where this is "could be" headed unless something changes happen ("Court appearances", Bad Credit Record, Debt Collectors (quite big ugly ones), Court enforced orders against his salary, inability to travel abroad. Paint a picture of the worst possible case without telling outright lies. Let him infer more badness that you're actually stating if you're good at that sort of thing.

3. Suggest that you're both adults and a grown up conversation and agreement is probably better for both parties. Ask him if he really really thinks he can live up to your requirements as a tenant, or is he better off living somewhere with a more "relaxed" landlord. Bring a written agreement to terminate with you, with just a blank for the termination date (to allow you to negotiate and sign on the spot if you get the chance).

His resposnes will be one of three things:

A. Adult. Negotiate a mutual agreement and exit him.
B. Childish. (ie emotional). Leave him with the messages from your chat, and try again in 3 days. If he's calmed down to adult, go with A. Otherwise sprint for eviction through TT as fast as the law allows.
C. Calculating, stalling , evasive. These are signs of a professional tenants who knows the rules trying to "game the system". Evict as fast as the law allows, but make sure you dot the I's and cross the T's, otherwise he may wiggle free in TT.