[Closed] A tennant owes me £2600 in rent - is it worth getting the bailiffs in?

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🙂

How much is the rent? Must be high per month for it to have gone this far without acting sooner.

I'd say so but won't you need judgement first to instruct court officers?

Depends if you ever want to see any money from the property. Shorter answer: YES!

Hitting a woman with a baseball bat is not good.

4 months rent owed. Her partner has legged it.

hard to get blood from a stone isn't it? maybe come to an arrangement with her?

What's she look like?
Could you come to an accommodation with her?

Get them in, i assume your not a registered charity 🙂

Is she openly taking the piss or in genuine financial difficulty?

Former I'd get the bailiffs in pronto.

Latter then I'd be more lenient, find out if there is an end in sight and maybe discuss some terms of repayment: this much by a certain date etc.

She's just [i]had [/i]a baby.

Don't think she wants another.

quote]maybe come to an arrangement with her?

Ding-Dong
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Is she openly taking the piss or in genuine financial difficulty?

[b]Both.[/b]

She has housing benefit but it's not coming to me.
The agent has called her on numerous occasions to ascertain the problem and work out an agreement - calls don't get returned.

Hopefully, the council will divert the housing benefit over to landlord.

I just want her out asap.

Cut your losses & serve notice. If she's not gone by the end of the notice period then you can start court proceedings. As she's a single mum that may slow things down.

In the meantime get onto the council ASAP & get them to switch payments to you

Bailiffs won't want to know until the court issues a possession order and anything else is probably illegal

to give you an idea of timescales, i took my old landlady to court for my deposit after moving out in april 2007, it was fully repayed along with a fine for not using the deposit protection scheme in january 2010.

so 2 1/2 years in total.

i called the bailiffs in, they didn't get the money but frightened her into paying up what the court said she owed.

she claimed she was in debt, no job, living of a pension and had no assets (but yet had 3 flats advertised to rent).

But on the other hand, I had a tenant who was always flakey about paying his rent. Came to a head in september one year when he was 3 months behind & not responding to phone calls, letters or visits from the letting agent.

Served the required notice, after which he was still there, so we applied to the court for a possession order.

He was gone by the April of the following year. And what a pigsty he'd left.

If you have an agent why aren't they dealign with this?

Single mum with new kid = top of the list for council housing if you evict her. Sounds like you won't see a penny from her so unless you're feeling philanthropic serve notice ASAP and start proceedings when she doesn't leave. {edit] make sure that there is a witness present when she is served notice to quit and go by the book on the whole process keeping a detailed log of everything - leaves less wiggle room.[/edit]

@wwaswas - IME lettings agents are too busy working out a way to make an even fatter knot in their tie to worry about actually doing any work on behalf of the landlord.

She has housing benefit but it's not coming to me

there is your answer ....whatever her situation she has to be making poaying you something a priority - legal action now it wont get any better IMHO
+1 for why is the agent not doing something about this.
Tell her to sign Housing over to you or to get out

Bombers?

How the hell can you let it go on for so long.
Has soon as they went into arrears I would have told
them that I would be taking it out of the deposit then
they would be out on the length of the deposit, out of the door

You have a agent managing your property? When did they start claiming DSS?

[i]How the hell can you let it go on for so long. Has soon as they went into arrears I would have told them that I would be taking it out of the deposit then they would be out on the length of the deposit, out of the door[/i]

yeah but you can't do that these days. There are these things called "laws" that protect the tenant more than they protect the landlord.

it's often two months down the line before you're even aware there's a problem - especially if they've been regular timely payers up to that point - and you're in month three. Then you give the minimum notice, which on an assured short term tenancy is two months from the anniversary date [i]after[/i] the original six months are up. So before you know it 5 or even 6 months have gone by.

[i]Only then[/i] can you get the courts involved, and that can take anything upwards of two to three months.

no, the days of ruthless landlords turfing tenants out without so much of a by your leave went along with the Jacobite rebellion, I'm afraid

But I would also challenge the letting agent if there is one. To whom had the council been paying the housing benefit beforehand?

Chase her to the ends of the earth for the money, she has done what is called theft in any other shop, only then will she learn that bills have to be paid.

As for the kid, its hers not yours,and she should get HB payed to you, not to her, also make sure she is paying for the fuel, as we have a tennants who have done a bunk owing hundreds for electric, and getting a new tennant connected is a nightmare as all the elecy companies see is a debt on the address.

Christ, I feel for you OP.

I had the same problem a few years ago and it was a ****ing nightmare. If she has a tenancy agreement then you will have to serve her the proper notice. If you evict her without serving notice etc, she can do you for unlawful eviction and you will have to pay her housing costs etc.
I would contact your local housing advice centre, they are for landlords as well as tenants, and are very helpful.
We got a ccj against her to try and get the unpaid rent back, after 2 years of trying we gave up, as trying to sell chocolate fire guards would be easier!!
She even set up credit in our names, the sl@g!
I believe in what goes around comes around, so she will get hers eventually!!! 😈
I feel for you mate.
Good luck

If it's this one, he can definitely afford to pay you back.
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Scotland or England? Different laws and different remedies...

Don't you need a liability order to get Bailiffs to take distress action for the money? Not sure about the eviction laws.

I know you're losing out but I couldn't kick out a woman who just had a child.

I'd probably help her find somewhere cheap and help her move out.

I guess compassion doesn't pay the bills.

Find her somewhere else to move to! arrange for her to pay you back somehow and get someone else to rent.

[i] distress [/i]

well it's certainly distressing, but I think the word is "distraint"

anyway, by the time it gets to this point, you're better off cutting your losses & getting the buggers out ASAP.

Then you have to look at the damage they may have done, either deliberately or simply through being dirty bastards who don't give a shit because it's not their house & they can just move out when they f*cking well feel like it

The last dirty bastard who rented my house left it in such a state that I had to:
a) rip out all the carpets
b) rip out the kitchen
c) rip off all the wallpaper
d) get a professional cleaning company in to clean up the rest of his mess

and after I'd done all that it STILL wasn't fit to let again. So think on, next time you moan about landlords keeping your deposit "for a bit of cleaning"

I still haven't been able to let the property again. It's going through an auction sale right now, completion due on 1st April (yeh, I know)

Obviously everyone has sympathy for her situation, but you need her out.

I know a couple of people who have used this route before . I have no personal experience of them but they look decent.

[url= http://www.landlordaction.co.uk/ ]Clicky Here[/url]

If you have an agent why aren't they dealign with this?

Once the tenant has gone: suit in contract/negligence against the agents for failing to manage the property effectively?

Yes, sue the agent.

This brings back bad bad memories for me.

Took 6 months legal to get the thieving fu**er out, cost us 8k in legal fees, broken boiler and unpaid rent. Did a runner the night before the bailifs arrived to turf him out.
House was left in a sh!thole state. New carpets, 2 professional cleans.

He then had the cheek to visit my next door neighbour for a summer barbecue 3 months later. Was a bit surprised when i popped my head over the fence and asked him very loudly and clearly when he would be paying for the long list of things he owed for.

The neighbour thought i was 'really mean'. I don't live there anymore so happily told her where to go when i sold.

john_drummer - Member

it's often two months down the line before you're even aware there's a problem - especially if they've been regular timely payers up to that point - and you're in month three. Then you give the minimum notice, which on an assured short term tenancy is two months from the anniversary date after the original six months are up. So before you know it 5 or even 6 months have gone by.

Only then can you get the courts involved, and that can take anything upwards of two to three months.

This isn't correct, you can sue for eviction now given that they are more than two months in arrears. Two weeks notice . But I advise you to see a solicitor or bone up severely on tenancy law, mistakes can be costly, tenant harassment is an imprison-able offence. I do all my own stuff like this for my properties and used to manage 35 lets in my town. Have evicted a few scumbags in the past. One bloke still owes me a month otherwise its all been good.

See below cut and pasted from here : [url= http://www.compactlaw.co.uk/free_legal_information/public_housing/pubhf8.htm ]compact law[/url]
And here [url= http://www.landlordzone.co.uk/grounds_for_possession.htm ]landlordzone[/url]

For grounds 3, 4, [b]8[/b], 10, 11, 12, 13, 14, 14A, 15 and 17 the Landlord must give two weeks notice.

Notice must be given on a special form, which must tell the tenants certain things about their rights (Section 8 Notice). Proceedings must start within 12 months of service of the Notice otherwise a new Notice must be served.

[b]Ground 8[/b]

Rent is unpaid at the time of service of Notice seeking possession and at the time of the hearing for a Possession Order;

a) In the case of rent paid weekly or fortnightly at least eight weeks rent is owing.

b) In the case of rent paid monthly at least two months rent is owing.

c) In the case of rent paid quarterly at least one quarters rent is more than three months over due.

d) In the case of rent paid yearly at least three months rent is more than three months over due.

Two months rent arrears will normally give the Landlord an automatic right to a Possession Order.

That may well be the case but I'm simply going on my own experience. One more week and I won't have to worry about it ever again..

Fingers well & truly burnt

And no I didn't buy it as a buy-to-let. It was my home once

I had a tenant who was two months in arrears, 6 weeks later I had an eviction order from the courts. They paid back the money over 2 years.

toys19: are you a landlord or the 1% of agents that actually know they're doing? And are you in Edinburgh by any chance?

zaskar - Member
I know you're losing out but I couldn't kick out a woman who just had a child.

I'd probably help her find somewhere cheap and help her move out.

I guess compassion doesn't pay the bills.

This does sound like a tricky situation, and needs handling carefully. If her partner has indeed fled, leaving her with a new baby, then that's very callous, and she's probably struggling to cope with thing. You don't know every detail of someone's circumstances. But, you have a right to your money of course,

I'd suggest perhaps having a chat with her, and try to appear sympathetic, as this may help her to feel less overwhelmed by the situation. I can't imagine that a woman in her situation would find it easy. Not having a 'nasty' landlord may be one less stress for her. Better to talk to her, and the DSS, to try to find a better solution for everybody. If you serve her with an eviction notice, this might speed up her claim for housing by the local authorities. I'm sure she and her baby would have high priority for housing. At the least, the DSS will pay you directly.

Could be that you may lose your money. This would be unfortunate. You may rely on that income. But this woman and her baby do need a home, and acting compassionately will at least show you're a decent Human Being. I hope things work out for everyone.

As for Letting agents, well...

konabunny - Member

toys19: are you a landlord or the 1% of agents that actually know they're doing? And are you in Edinburgh by any chance?

I am a part time landlord, with 3 properties that I have let for the last 12 years. I used to manage a bigger portfolio (35 properties) for a few friends who were off gallivanting and needed someone they could trust to look after their interests and didn't like agents. It worked in reciprocal as I spent a year travelling in 2004/5 and they looked after my stuff. We pooled resources and knowledge when it comes to this type of hassle above and it works well.

In Devon unfortunately but if you want to email me I can give you any number of tips...

The complete situation is the woman signed a joint tenancy with her boyfriend.
They had a child together about 8 months ago.
He lost his job in a hotel.
He left her.
He can no longer be traced or contacted by the agent.
She has not paid rent for 4 months.
She does not respond to messages left by the agent.
Indications are she is currently applying for housing benefit.

Owing me this much money - I have run out of all compassion.
What some people forget is that whilst she pays me no rent - it is actually costing me money which I cannot afford to lose.

Notice has been served. And I'm going to take the necessary steps to have her evicted.

Fair enough.

But a couple of things to consider; she may well be suffering from depression, if what you've told us is the case. Seems like she has no money, and a small baby to care for. If you try to imagine yourself in her position, maybe paying rent isn't as high a priority as supporting her baby. It sounds like a horrible situation she's in, and maybe she should have sought help from the DSS earlier, but she simply might not be able to cope with all that. Would you want to be in her situation?

Serving Notice is of course your choice, and maybe the only way you can resolve the issue to everyone's best interests. But as a child is involved, she can't simply be thrown out on the street come the end of the notice period. The DSS have a duty to house them, and this could take a long time. Meanwhile, you could continue to receive no money. Therefore, you'd do better to try and negotiate the best deal for yourself and this woman. I'd imagine the DSS would pay any rent directly to you. She could be entitled to back paid Housing Benefit, so you may possibly get some of the money you are owed.

I appreciate it's a crap situation for you, but such are the risks, unfortunately. A friend of mine is still owed deposit money from a Letting Agent from last year, as well has being screwed over by his previous tenants for 3 months rent. About £5000 in all, I think he's lost. He'll be lucky to retrieve about £1500 of that.

Letting property is not quite as simple as most other business transactions. With good reason. People need somewhere to live.

Here's some info that may be useful:

[url= http://www.lawpack.co.uk/Knowledge/Property/LandlordAndTenancy/article867.asp ]Often tenants (e.g. families with children) will be looking to be rehoused by the local authority. Many landlords don't realise that their tenant will invariably be advised to stay in their property until they are evicted or rehoused, as they will lose their right to rehousing if they move out earlier.

The local authority will not rehouse them unless there is a possession order, and some local authorities will not rehouse them until there is a bailiff's appointment! The reason for this is that most, if not all, of local authorities don't have sufficient housing available and so will only rehouse families if they are forced to. Find out if your tenant is looking to be rehoused. If so, it's best for everyone if you proceed with your court action as quickly as possible.[/url]

What he said, however if she is in arrears with her rent until it is paid in full a housing authority has no legal obligation to help her out, so maybe get her out then let the LA know you're owed lots.

Actually, if she has a young child, the housing authority have a legal duty to provide her with housing, regardless of wether or not she has paid her rent.

Many boroughs have long waiting lists, and are unwilling to place people in temporary accommodation, as it may be unsuitable, and will invariably cost a lot more. This means it often takes ages before the LL/owner can actually get the tenants out. Unfortunately, they have no legal obligation to pay the OP any money, as the contract is not between them and the landlord. They do have an obligation to provide sufficient benefit payments to ensure the tenant has housing. This simply means that they pay money to the tenant, to pay the LL. This money can be paid directly to the LL under special circumstances, or at the discretion of the tenant.

The tenant is liable for the rent. The OP has the right to take action against them, to recover the debt owed. If benefits have been paid by the LA, they may take action against the tenant to recover payments, or have them charged with fraud.

I do sympathise with all involved in this situation, but unfortunately property rental is a risky business.

Often tenants (e.g. families with children) will be looking to be rehoused by the local authority. Many landlords don't realise that their tenant will invariably be advised to stay in their property until they are evicted or rehoused, as they will lose their right to rehousing if they move out earlier.

This is a fact, and they reason why you should have stepped in the moment she dropped behind. Our local authority are tossers who will not rehouse anyone unless they have been evicted, if the tenant leaves without eviction even after legal notice then the council say they left of their own freewill and will not be emergency housed. (INSERT STRONG BLUE ANGLOSAXON HERE)

If you make a housing benefit/jsa claim it will take 6 weeks minimum before you receive your full regular payment. Not sure if it's any different when you have children and the amount will vary slightly between different LA's but if your without children the maximum payment is £450 per month with the short fall being made up from your jsa. They also won't pay housing benefit until a jsa claim or like is confirmed.

The up shot for the OP is I doubt she will ever be able to get anywhere near to making up the short fall and best to evict asap and cut your loses. This woman might be taking the p**s but it's more than likely she has been forced in to this situation as who wants to live that way if your single let alone when you have a new born. Being on benefits for the vast majority of people is VERY difficult and the real culprit here is probably the government for not paying enough benefits to live on and happily letting landlords go the loser.

Your House, her home.

A tennant lost his job when the firm he worked for went bankrupt. When his earnings related benefits ran out he stopped paying the rent. I wasn't surprised and just let it run. When he was nine months in arrears I asked for direct payments from the local equivalent of social services which covered about two thirds of the rent. After three or four years he finally got another job and paid back what he owed - well over a year's rent. No hassle, no aggro, civil relations all the way through and no legal costs.

I know there are some odious people out there but also some good people that are victims of our modern world. Only you can judge, but put yourself in her shoes and perhaps work with her on getting whatever help is available, and have it paid directly to you.

Edit: just totted up what I'm currently owed by the new tennant, about two grand. Housing benefit is being paid directly to me, I'll just let it run and hope he gets a job.

Mudsux - if she is applying for housing benefit is this a muck up by the benefits people and eventually you will get some of the money?

I'd carry on with going for eviction to protect your interests but try to find out what is happening with the benefits. Its not uncommon that housing benefit is delayed but eventually is paid

Haven't read all the thread, but is your agreement with her or the agent?

If the agent...

And once she's out, change agents.

Something called Local Housing Allowance was brought in a couple of years ago. This meant that the benefit is now paid to the claimant, rather than the landlord. It didn't change for existing claimants, but anyone new to benefits from April 08 now has it paid direct to them. The website says payment is not normally made to the landlord, but in some cases they may be able to do this. See here.

[url] http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/On_a_low_income/DG_10018928 [/url]

Barmy new rules. Under those conditions follow TJ's advice not mine. The government are effectively putting landlords into a position where they are best to get non-payers out ASAP rather than adopting a more christian stance. How to piess off both tennants and landlords. Well done New Labour.

Turn the electric and gas off
Or pull up the floor boards
Pay me and il get her out

Brave aren't we grantway when it comes to dealing with a woman and baby. Hopefully she'll have a new kick boxing boyfriend when you turn up.

i,m the owner of belvedere property developers.
were doing these all the time.
i,m not an agent. i own the properties.
email in profile.
i,ll help you out on this one bud...