Tenants not paid re...
 

[Closed] Tenants not paid rent.............

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Following on from my thread about my hassles with my tenants this month they havent paid the rent??

http://singletrackworld.com/forum/topic/tenants-possibly-smoking-in-my-house

Ive contacted the letting agent and they said that its normally paid by standing order.

letting agent have also tried to phone them numerous times this week and also sent letters but got no reply.

this is the final thing in a long list of issues with this couple, including noise compliants, possible smoking in the house, abusing the neighbours etc.......

what to do !!!!!!!


 
Posted : 21/11/2011 2:35 pm
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let your lettign agent manage it?

they must have a process for non-payers starting with threatening letters and following it up with eviction proceedings.

I'd arrange for an inspection asap, personally, to find out if a) they're still there and b) that they haven't trashed the place already.


 
Posted : 21/11/2011 2:37 pm
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change your username to rentoff?


 
Posted : 21/11/2011 2:37 pm
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Nightmare, this is the only thing that stops me renting my house out. Tenants have way to many rights.

Our friends could only start eviction proceedings after 3 months of non paying rent, it took another 3 months to get them out. 6 months of no rent and £8000 worth of damaged for only a £1800 bond.


 
Posted : 21/11/2011 2:39 pm
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Send Begbie round to sort them out.

Francis (Franco) Begbie: It was ***' obvious that that * was gonnae * some *.


 
Posted : 21/11/2011 2:40 pm
 Taff
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My borther in law had this, the tenant also flooded the kitchena nd didn't do anything about it so he ahd to replace units and flooring. He served a notice on them an he now has the girls sister [what are the chances!] who is looking after the property


 
Posted : 21/11/2011 2:45 pm
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letting agent has been and done a check after they had been there a few months.

everything was fine and she commented on how much the place stunk of polish (probably hiding the cigarette smell)

letters have already been sent and they are not returning calls.

letting agent called me to inform me that she had made contact with the guarantor and he had asked"what happens if they cant/wont pay the rent" which she said set alarm bells ringing.


 
Posted : 21/11/2011 2:45 pm
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also if the rent is normally done by standing order doesnt someone have to go and physically cancel or stop it ??


 
Posted : 21/11/2011 2:46 pm
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if there's a guarantor then I'd just start dealign with them - they have a financial interest in makign sure thigns are sorted out.

what does agent suggest?

[edit]a standing order won't be paid if no money in account to cover it.


 
Posted : 21/11/2011 2:47 pm
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just spoke to our friends who live next door but one to the house and the couple have been arguing constantly for the past 2 weeks and having stand up shouting matches in the street.

apparently she has left him and he is in the house on his own


 
Posted : 21/11/2011 2:49 pm
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Sod the letting agent doing an inspection, I'd be going myself asap. Just give them 24 hours notice and turn up with your own key and let yourself in if they are not there.

Edit: Just seen your last post. OK STW sexist head on here. She will have done all the banking for them both, so will have cancelled the standing order (as she doesnt want to pay) remind him politely to pay when you do your inspection...


 
Posted : 21/11/2011 2:53 pm
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If they're smoking in it they have broken the terms of your arrangement... surely they can b evicted for that. If not, thats just bloody stupid.


 
Posted : 21/11/2011 2:53 pm
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I'd try and talk to the guarantor and offer a compromise - if the tenant leaves quickly with nop damage you'll only hold them responsible for the back rent and will return the deposit.

Is the guarantor on the blokes or the girls 'side' in this?


 
Posted : 21/11/2011 2:53 pm
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Paying rent will be the least of his worries right now then. He's probably looking for a way to get out of the lease as he might not be able to afford it any longer.

Why not give him the opportunity to cut it short and not be financially penalised for it?


 
Posted : 21/11/2011 2:53 pm
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sbz why should i do that ??? they agreed to a 6 month contract and knew how much it would be each month.

its going to take at least 2 months to sort out new tenants and this close to crimbo i cant really afford to be without the rent .


 
Posted : 21/11/2011 2:56 pm
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cutting your losses sounds the best plan to me too.


 
Posted : 21/11/2011 2:57 pm
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tbh, you might be better with it empty and you looking for tenants than with some bloke not paying rent and gradually trashing the place whilst you try and sue him for unpaid rent and then have to evict him?

I can't belive it's 2 months to let anywhere, either? where is it?


 
Posted : 21/11/2011 2:58 pm
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we've come to the conclusion that they are using our house as a stepping stone into a council property in the area as they were having problems in the previous area.

probably hoping that we kick them out and effectivly make them homeless


 
Posted : 21/11/2011 2:58 pm
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renton - you need to protect yourself here. have a chat with your letting agent - they are the ones who should be sorting this but I would be looking at starting eviction proceedures soon unless you get a promise to pay.

You have no real way of enforcing a contract they don't want to keep -


 
Posted : 21/11/2011 2:59 pm
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Total mare, this has happened a load's of times with me, getting money from tennant's can be very hard if not impossible, i prefer DHSS as you can get rent payed to yourself direct after 8 week's of non payment.
The letting agency have no more power than yourself, when i have problem with late/non payment i go round myself and knock on the door and ask them what's up.
My last tennant i found myself vetted myself, i save quite a bit as agent fees are pretty steep.
I never expect tennant's to look after thing or respect my investment, i always expect them to lie about smoking and pet's ect.
If i knew what a pain in the arse it was being a slumlord i would never have bothered.


 
Posted : 21/11/2011 3:00 pm
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i cant really afford to be without the rent

#firstworldproblems


 
Posted : 21/11/2011 3:01 pm
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ive chatted with the letting agent and they advised me that although they havent paid the rent i can only issue them with a Section 21 in their 4th month of letting and this gives them 2 months notice.

letting agent also just let on that they were having their rent topped up by benefits or something


 
Posted : 21/11/2011 3:03 pm
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renton - because it doesnt sound like you'll be getting cash from him any time soon as he cant give you what he hasnt got. Going to court wont solve a thing.

Getting him out of there on good terms reduces the chances of the place getting trashed.

An empty property is more attractive to people who want to move into it.

The list is long.

You are also showing a lot of prejudices in this thread. Nowt wrong with living in a council or housing association house.


 
Posted : 21/11/2011 3:05 pm
 hora
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cutting your losses sounds the best plan to me too.

Agree. If they couldn't pay, any reasonable (struggling) tenant would at least contact the letting agent and hi-light/make them aware of this.

Personally I think they are getting ready to bunk off and are simply using their deposit as rent (knowing for some reason that they aren't going to get it back).

I hope its that. It could be that they are considering becoming sitting tenants?


 
Posted : 21/11/2011 3:05 pm
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not sure where im being prejudice??

i simply said that they are having their rent topped up by benefits which i wasnt aware of?

never said there is a problem living in a council house, my dad still does now.

whats the problem sbz?

as it happens ive just had a call from the letting agent acounts and it seems that his step mom has fronted him the rent and put it on her debit card so panick over.

still going to look at issuing them notice.


 
Posted : 21/11/2011 3:09 pm
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Renton's tenants yesterday...

[img] [/img]


 
Posted : 21/11/2011 3:10 pm
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.I would be thinking about changing your letting agents as well - I am not convinced they are giving you the right advice


 
Posted : 21/11/2011 3:11 pm
 cb
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Letting agents are scammers in all of this. They claim "collection of rent" as part of the management fee, what they should say is "passer on of rent from tenant to landlord should the tenant decide to honour the contract, on and by the way, if the tenant decides not to pay the rent we will do **** all about it".

Not that I'm bitter...

BTW, if the property is managed and the tenant is not paying the rent, the agent will almost certainly continue to rack up its monthly charges, irrespective of whether or not you are receiving income. I'd have an early word about that if they are not pulling their weight.


 
Posted : 21/11/2011 3:12 pm
 pdw
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As I think you've just discovered, the law in this area is horribly biased in favour of the tenants, and it's extremely difficult to get rid of tenants even if they're not paying or are otherwise in breach of the agreement.

Based on 2nd hand experience of a similar situation, I would not rely on the agents for anything. I'd recommend getting some legal advice to find out exactly where you stand, and to ensure that eviction proceedings are started as early as possible.


 
Posted : 21/11/2011 3:13 pm
 hora
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still going to look at issuing them notice.

I would. Its peace of mind. Not every tenant is someone you have to think about.

Our landlord/letting agent never spoke to us and upon leaving our deposit was returned within the week with a thank you note from them both.

I sumised we weren't anything special but I think thats what was key- no hassle.

Plenty of people out there carefully saving up towards a deposit for a mortgage who will be in rented property for longer whilst they are conscientiously working hard and living good lives IMO.


 
Posted : 21/11/2011 3:13 pm
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Tenants have way to many rights.

Our friends could only start eviction proceedings after 3 months of non paying rent, it took another 3 months to get them out.

Dam that pesky human rights act!

How many months do you think it'd be between you stoping paying the mortgage and the bank kicking you out? More than 6?

Dam mortgage borowers have too many rights.


 
Posted : 21/11/2011 3:35 pm
 mrmo
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try as i might i have no sympathy, claiming it is going to hurt your cash flow suggests you shouldn't be owning a rental property, what if the tenants were paying the rent and let you know the boiler had died or the roof was leaking? what would you do, like most landlords i have come across jack s***


 
Posted : 21/11/2011 3:51 pm
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How many months do you think it'd be between you stoping paying the mortgage and the bank kicking you out? More than 6?

Although the bank then owns the property including your deposit (which is likely to be significant) plus the payments you made up until that point, plus any equity etc.
Have yout thought that analogy through?


 
Posted : 21/11/2011 3:54 pm
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still going to look at issuing them notice

I dunno, when strapped he's managed to find a way to pay you
Not many would do that


 
Posted : 21/11/2011 3:58 pm
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From my experience:

1. Your agent will [b]NOT[/b] persue this for you. The odds are so weighted in favour of the defaulting tenant, that from the Agent's perspective they are better off letting you and your tenants business slide off their books than try and persue them for the money owed.

2. The agent's time is more profitably spent persuing new business than chasing up non-paying tenants. (Though they will not tell you this). They will palm you off with inaction, until you eventually tire and sever the contract.

3. Unless you are a wealthy property magnate with multiple properties being managed and let through this agent, they will almost certainly let this one go rather than chase it up.

4. It takes a minimum of three months to evict anyone, and over a year to extract the unpaid rent through the courts. (Provided you have the patience to persue them through the courts).

My advice:

These guys will almost certainly evaporate off the face of the earth as soon as you eventually get them out. So perepare for the worst, and equip yourself with as much pertinent information about them as you can before they disappear. You will need this info to trace them, and eventually bring them to court before you will see any of the money owed.

Even then, it will take at least 12 months to bring them to court, and any money owed will be paid back to you drip by drip, month by month directy from their wages via a court order (Provided they have a job). If they are unemployed, then kiss the money goodbye and move on...

What to do:

1. Forget the agent, they will not persue this for you. They will write it off, and move on. Any court proceedings will need to be initiated by you. The first step to getting your money back through the courts, it to keep tabs on who exactly the individual is who owes you, and where exactly they go to next...

2. Make a landlord's visit in person ASAP. Give them the mandatory notice period for a visit, state a time and a date, and go in there with your own key. During this visit find out as much personal information as you can about your tenant(s) as you can.

Given that they owe you money, they will almost certainly not be in when you arrive. Look at the addresse's names on any mail that is lying around.

Look in particular for

- mobile phone bills,
- utility bills,
- bank statements,
- benefit records,
- payslips (Try and find out where they work, this is especially important)
- anything with a car registration on,

...any documentation with their names on. Not just the named tenanat, but [u]anybody[/u] living in the house. Write down and record any account numbers linked to their names. It is a good idea to take a camera, and photograph it all as well (Use the macro function, and do a trial at home before you go, to make sure you can read any info from the photographs you take).

Now, this next bit sounds nuts, and it all depends on how much they owe you, but in my case it was £4k unpaid rent, so I had to do whatever it takes :-

a) Park outside the property in the evening, and look for cars coming and going. Having their car registration is on of the best ways to trace them when they disappear. (The DVLA will release the address of any registered keeper if you need it).

b) If you think they have a job, try following them to work one morning. Finding their employer is key to finally getting your money back. The court will order the money they owe to be payed to you directly from their wages.

Knowing where they work, is also key to finding out where they move to after you have evicted them. When they are finally evicted, they will not leave you a forwarding address, so they will effectively disappear off the map. If this happens, follow them home form work one evening, and you will soon find out their new address.

2. Now cut your losses. Serve them notice ASAP. Get the delivery of the notice witnessed, this is important, as you will need to prove this if you are going to persue them through the courts, and it all hinges on the [u]date[/] that notice was served. (They will claim it was lost in the post / never officially served unless you do this properly). You can pay a baliff to serve the notice properly, or serve it yourself, in person, and take a witness with you (And film the exchange).

3. Now go out and find a new agent... and start all over again.

Hope the above helps! It is important to embrace the fact that you are going to lose money over this, and [u]nobody[/] is going to help you get it back. You need to be pro-active, and find the information necessary for the courts to persue them for what they owe you.

Good luck!

[EDIT] [i]Re-reading, I just realised the above makes me sound like a nut-case! I assure you, I am not, I just have some experience of non-paying tenants, who are a sly species - and invariably know exactly exactly what they are doing. If you need some direct help, email me (in-profile). Ive got a great satellite GPS tracker thingy you can stick under their car....[/i]


 
Posted : 21/11/2011 5:46 pm
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Although the bank then owns the property

wrong. the bank effectively owns the property until the mortgage is paid off.


 
Posted : 21/11/2011 5:47 pm
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I can't belive it's 2 months to let anywhere, either? where is it?

When I left my place it took the owner 5 months to find a new tenant, in a nice commuter village.


 
Posted : 21/11/2011 5:55 pm
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OP, have you spoken to the tenants?


 
Posted : 21/11/2011 6:05 pm
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Captjon, i havent spoke to them yet as i dont think i should, isnt that what i pay a percentage to the letting agent to do for me?

i did meet them when they came to have a look around the house before they moved in, they seemed like a nice young couple although they did explain that they had has issues at their previous place but were hoping to put all that behind them.

however since they have moved in i have calls from other neighbours complaiing about the noise and abuse they are getting from them.

the letting agent went round and carried out the 3 monthly check and she said the house was in good order and stunk of polish.

since then (about 3 weeksago) we have had more calles from folk saying they are now arguing constantly in the street.

today when i found out about the rent not being paid was the last straw.

it has been paid now by the step mom of the lad(his father is the guarentor)

Message for mrmo,

mate until you know all of the facts and the reason i rent out my property i suggest you keep comments like your crap post above to yourself mate as they arent helpful whatsoever and you cant tar me with the same brush as other landlords.


 
Posted : 21/11/2011 6:24 pm
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as an ex letting agent of over 400 properties I have the following advice.

a) put your letting agent on notice and request no further involvement from them beyond the date of their notice. They will either get into gear and recover the rent or do nothing, they sound weak to say the least.

b) door step the tenant. He may be in the middle of s crisis and burying his head. Befriend him and offer him support, he may be more honest and give you answers that indicate what his intentions are. He may be 'spending his bond' on rent and clear off when he's spent it. Try and stop that from happening sooner.

If he turns out to be a tit who is arrogant and hell bent on staying then offer him soon Kosovan room mates to share with him. It's illegal to kick the tenant out but not illegal for others to move in. The local car wash centre is an ideal recruitment place for such people and wold take up the offer, let him know that it could come to that if i doesn't work with you to a resolve of either leaving the properly ship shape or re-aligning his rent arrears.

c) Get the guarantors details and send them an invoice for the rent arrears and make it obvious they are now liable. If it's a joint tenancy the GF who's left is 'joint and severally liable' so should be paying her half until the agreement ceases or you allow her out of the agreement.

d) forget any recourse from the courts, it's expensive, weighted in the tenants favour and the end result will be 'the landlord had the benefit of the rent'.....

e) serve notice on the tenant at earliest opportunity.

my email's in profile, email me your number if you need further advice.

Not wanting to scaremonger you but the courts are no quick fix to these situations and they require delicate and devious handling, as soon as he goes to the CAB they'll advise him to sit tight and await the notice and then claims legal aid to fight it out, you do not want that to happen as he's in for a long time then.

If you HAVE NOT gained permission off your mortgage provider to rent then your tenancy agreement is technically null and void but that doesn't mean the tenant has to move out due to him still having squatters rights


 
Posted : 21/11/2011 6:30 pm
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she said the house was in good order and stunk of polish.

And you want to kick them out? What will happen if they vacuum as well? Murder?


 
Posted : 21/11/2011 6:31 pm
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geordiemick.

thanks for your reply.

they have finally coughed up today but we are still going to serve them with a S21 which will give them 2 months to leave.

letting agent is already contacts possible tentnats so hopefully there will only be a short time frame where the house is empty.

will email you later as i cant email from work.


 
Posted : 21/11/2011 6:34 pm
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she said the house was in good order and stunk of polish.

And you want to kick them out? What will happen if they vacuum as well? Murder?

she said it was probably to cover up the smell of smoking.

thanks for your very helpful input though 🙄


 
Posted : 21/11/2011 6:35 pm
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Follow "monstermarrow's advice if you want a hope of recovering any money.
I had a similar problem and my solicitor said forget about recovering any money,write it off.Try to keep your losses to a minimum which means the condition of the property, as rent owed is small beer compared to possible cost of repairs.


 
Posted : 21/11/2011 6:37 pm
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Although the bank then owns the property

wrong. the bank effectively owns the property until the mortgage is paid off.

Which in effect has exactly the same outcome does it not?


 
Posted : 21/11/2011 6:54 pm
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I'm about to rent place out in Bristol.

First attempt at this renting lark. So is it defo worth getting a letting agent ?

Also, anything of the peg contracts worth running with ?


 
Posted : 21/11/2011 6:57 pm
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Renton - If I were you I would get professional advice - your agent does not seem up to much and some of the advice you have been given on here is dodgy to say the least from what I know.

redthunder - its important you get teh contracts right for the let - so get pro help for that if you are unsure but if you are reasonable local to the property don't bother with agents. That would be my advice


 
Posted : 21/11/2011 7:02 pm
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redthunder - given rentons experience I would defo not use an agent, my own experience is that they are not up to much. I have 3 props and manage them all myself. In 10 years I have only lost £150 in unpaid rent. from 2001-2005 I managed 35 other props for mate during which we had a 98% record ( the losses were due to him overriding my cautious nature on choosing tenants), I have recovered money from tenants who have legged it. My advice to you is read loads of forums and join the [url=www.rla.org.uk/]residential landlords assoc[/url] and use all of their excellent support services.

renton, if the tenant has got it together to pay up maybe he is a good egg? A bit of smoking could be tolerated compared with a months lost rent looking for an unknown quantity. A full steam clean of all the curtains carpets and furniture - about 500 quid, and maybe you can get them to pay for that when the time comes. TBH he sounds OK to me.


 
Posted : 21/11/2011 7:10 pm
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Tj can you point out the bits that you think ive been misled on just so i can do some research myself please.

Redthunder i would definatley get an agent, but make sure they know what they are on about!!


 
Posted : 21/11/2011 7:11 pm
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renton - it'll just cause a row. Some of the stuff about going into the house for sure - could get you into a lot of trouble and there appears to me to be other misapprehensions as well

That landlords forum will be able to help as well at a guess


 
Posted : 21/11/2011 7:15 pm
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Toys19..we havent heard for the tenants though and it was only due to the fact that the letting agent could not get hold of the tenant so she then got hold of the gaurentor who then proceeded to flap a bit and who then paid the rent for the tenants.

leting agent has still not heard from the tenants...


 
Posted : 21/11/2011 7:18 pm
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TJ i am aware that i cant just turn up at the house as its in breach of the tenants right to privacy or something along the line.

letting agent told me that as they had signed a 6 month contract we can issue them a s21 in the fourth month so they have to move out at the end of their 6 month period??

is this correct?


 
Posted : 21/11/2011 7:20 pm
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renton - I am not entirely sure - I don't think so as they are in breach of the contract so a one month notice might be appropriate - although this can vary with the contracts.

The advantage of getting professional advice is if they eff it up you have some recourse although when an agent effed one up for us costing us a lot of money the only real recourse we had was refusing to pay his fees and the entertainment of MrsTJ tearing him off a strip quoting at him all the things he had done wrong.


 
Posted : 21/11/2011 7:24 pm
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You have to be V careful about entering the house. If I go without notice, I knock and ask if I can come in, otherwise I would only enter if its a safety issue or me and the tenants have a good relationship, and I know they wouldn't mind. If you go overboard you can get done for harrasment.


 
Posted : 21/11/2011 7:26 pm
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TJ i am aware that i cant just turn up at the house as its in breach of the tenants right to privacy or something along the line.

letting agent told me that as they had signed a 6 month contract we can issue them a s21 in the fourth month so they have to move out at the end of their 6 month period??

is this correct?

You can turn up, post a letter 24 hours previous and under the circumstance this is classed as [i]reasonable[/i].

They will have to move out at the end of the 6 month period as long as notice has been served on fourth month. I would guess you won't see any rent in month 5 as they will pull the old 'take it from my bond' chestnut....

Ask your LA who is holding the bond and do your homework in getting in back in a timely fashion.

I became a letting agent because all 5 i used were utter shit. They are in general an unregulated, poorly trained and unprofessional industry, I would (as TJ has suggested) self rent and get on them thar forums, you'll learn far more from experienced landlords and their experiences and often get access to solicitors who advise for free on them too.

good luck


 
Posted : 21/11/2011 7:28 pm
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letting agent told me that as they had signed a 6 month contract we can issue them a s21 in the fourth month so they have to move out at the end of their 6 month period??

is this correct?

Yes but make sure you give it the day before the anniversary date, ie if they signed on 28th of the month then give it on the 27th


 
Posted : 21/11/2011 7:28 pm
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And don't trust letting agency's, scum of the earth


 
Posted : 21/11/2011 7:31 pm
 mrmo
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Renton, i may not know the whole story but having been shafted by agents and landlords i have long lost any respect for landlords and agencies. My experience places them as pond scum out to shaft anyone they can. Repairs not done, promises broken, legal threats when you confront them with their breech of contract, living with the fact you are on two months notice at all times, etc.

If your not fine, your one of the exceptions. And yes people have reasons for letting etc etc.

But it is not a game, it is not some quick get rich fix that seems to be the prevalent attitude. Either treat it as a business and accept that you are going to get shafted once in a while, and make sure you have the insurances, finance, etc in place, or don't do it. IF you have acquired a second property because of circumstances just sell it unless you intend to be a proper landlord. You won't be doing anyone any favours least of all your self if the s*** hits the fan.

Oh and have nothing to do with agencies, you pay for credit checks they won't do, you pay for inventory checks knowing they will loose the paperwork, deny, hide, withhold deposits for any reason. As for their behaviour to landlords, don't believe a word they say, as long as they are making their cut they will lie, deceive, etc.


 
Posted : 21/11/2011 8:00 pm
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Which in effect has exactly the same outcome does it not?

yes but the "then the bank owns it" suggests the mortgage payer did previous to any arrears.


 
Posted : 21/11/2011 8:08 pm
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renton, sounds like a stressful time for you and your tenant. It doesn't sound beyond hope with the tenant trying to do the right thing and the guarantor stepping in to help.

It shouldn't be stressful to the agent though, this is their bread and butter. If you think they can manage it well enough, take a step back and let them get on with it. Might be worth asking them to ask the tenant to have a think about where they stand long term and whether they think they are able to maintain payments beyond month six. If they know where and when they are off, everyone should de-stress a bit.

I know it's hard to see someone in your house not treating it as you would. If you do have to cut your losses though, don't underestimate cold hard cash. I had a nightmare tenant who needed evicting once, I laid out all the steps to eviction pointing out what a ball-ache it was going to be for him, then offered him a cash alternative to move on voluntarily, cost me less than the court fees by a long way, and he didn't trash the place as he wanted the cash.


 
Posted : 21/11/2011 8:23 pm
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Yup, agree with Tj here. There is some very dodgy advice flying about and some of the 'landlords' here need to read up on their law.

Contract law is one thing, but some of the advice here is bordering on(and some outright)criminal.

Ditch the agent, and try and build a dialogue/relationship with the tenant so you both know where each other is coming from.


 
Posted : 21/11/2011 8:27 pm
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I have two houses and have hit this problem with two separate tenants but both were essentially good people.

The first hit hard times so I just went nice and gently and they paid in full the missing two months rent before they moved out.

The second is supposedly a friend. Paid the first two months then missed two. And lied. Bonus is that as she is paid through the social after missing 8 weeks I now have it paid direct to me. At £14 extra every 4 weeks she may eventually catch up.
On that note, I charge monthly but the housing pay every 4 weeks! What does that cost the country?

So, you have two choices.

1. If like me you are a good landlord (inspite of the way we are put in the same basket), you can give people the benefit of the doubt, prepare your evidence/proof and go round for a serious chat.

2. If you are big and scary, tell them to leave before you bury them on't moors!

3. Start proceedings, which sounds like a long, drawn out process 🙁

Good luck. I hope it never happens to me but I'm sure it's inevitable


 
Posted : 21/11/2011 8:32 pm
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Geordie mick, as far as I am aware there is no such thing as right of entry even after notice, the notice is essentially a request to allow entry, they can refuse and then the only way in is via the courts.

Mugboo-I think you are joking about no2 because threating behaviour like that leads to prison..


 
Posted : 21/11/2011 8:44 pm
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Nightmare, this is the only thing that stops me renting my house out. Tenants have way to many rights.

You cant evict people in the winter months in most of europe...


 
Posted : 21/11/2011 8:53 pm
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If folk hadnt bumped house prices up by purchasing buy-to-let places, house prices would be more affordable for people that actually want to live in the house.

No sympathy for people who end up with dodgy tenants.


 
Posted : 21/11/2011 8:55 pm
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Nightmare, this is the only thing that stops me renting my house out. Tenants have way to many rights.

Tenants have almost no rights in the UK. They can be evicted at any time for no reason - no security of tenure which we used to have and most of Europe has.


 
Posted : 21/11/2011 8:58 pm
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Tenants have almost no rights in the UK. They can be evicted at any time for no reason - no security of tenure which we used to have and most of Europe has.

In england this is frankly untrue, in my experience, (which isnt extensive as I only know of about 6 evictions where I was involved or knew someone who was involved) where despite arrears and property damage a judge will not turf someone onto the street. I know a case very well where tenant was given valid s21 notice, (despite being an excellent tenant, LL wanted to upgrade property and get much more cash, so the existing dss tenant was deemed surplus) the tenant refused to budge on the advice of the LA, and this lead to proceedings. The judge refused to grant eviction as the tenant had a small child and at the time of the hearing had no where else to go, so he essentially ordered that she looked for a new flat asap, but told the landlord he wasn't interested in another hearing for at least 6 months. Tenant found somewhere 6 weeks later.

Is the story different up there then Teej?


 
Posted : 21/11/2011 9:22 pm
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I don't believe that story Toys19. No court would not grant possession if a valid s21 had been served. There is no discretion within the law that allows for it.

There is some really dangerous opinions being posted as fact on this thread. Some of it means little, but some it will possibly get you 2 years in prison and a 5k fine especially if you harass your tenants.


 
Posted : 21/11/2011 9:29 pm
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Wot steve said toys. Its absolute - serve the notice properly you are entitled to possession. If a judge did that they would be reversed.

thats the whole point of the short assured tenancy - to not give security of tenure.


 
Posted : 21/11/2011 9:32 pm
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I don't believe that story Toys19. No court would not grant possession if a valid s21 had been served. There is no discretion within the law that allows for it.

So Steve and Teej are you accusing me of lying?


 
Posted : 21/11/2011 9:36 pm
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I don't know if he's saying that you're lying, more that you are incorrect in your presentation of the details of that case.


 
Posted : 21/11/2011 9:37 pm
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I don't believe your story if thats what you want me to say.

The judge refused to grant eviction as the tenant had a small child and at the time of the hearing had no where else to go, so he essentially ordered that she looked for a new flat asap, but told the landlord he wasn't interested in another hearing for at least 6 months.

all of this bit. its not believable. The court has no power to adjourn for 6 months if a valid s21 had been served


 
Posted : 21/11/2011 9:38 pm
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Well go and boil your head, you just don't like anyone having an opinion on tenacy as it happens to be your job. I was there, it happened. Why wasn't it reversed? I don't think the LL had decent representation, I kept waiting for the tenant to be summonsed back for eviction but it didn't happen.

edit: and the LL had to pay all their costs.
edit:

The court has no power to adjourn for 6 months if a valid s21 had been served
he never mentioned adjourn, he said to the tenant you have to leave, find somewhere asap, he said to the landlord I don't expect to see you in here in the next 6 months ( the LL was pretty obnoxious in court that day).
Tomorrow I'll go down to the court and find the judgment for you, I'm sure you can get copies of these things.

My limited experience of judges is that if they feel they can intimitade one or other party then they can bend the law. The LL was a pillock and the judge gave her the hairdryer treatment, after which she did as she was told.

Fair enough

refused to grant eviction
is wrong - he did evict her but didn't grant it straight away or whatever the usual period is from hearing to actual eviction.

My point is that in my experience the courts tend to protect the tenant to a greater degree than some people think.


 
Posted : 21/11/2011 9:45 pm
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The court has no power to adjourn for 6 months if a valid s21 had been served

I've just been discussing this with my pal who is now a QC, he asked if you had ever actually been in a court room? As in his experience, judges go well beyond their powers on a regular basis, and any reports of poor or incorrect judgements were all the more believable. 😀


 
Posted : 21/11/2011 10:16 pm
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toys - I think you will find steve makes his living doing this sort of stuff. he is the genuine article on this.

yes judges and courts do make judgements that have no basis in law - and the then get reversed and admonished if they do.


 
Posted : 21/11/2011 10:22 pm
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I think you will find steve makes his living doing this sort of stuff. he is the genuine article on this.

You are abit of a patronising old so and so teej, I wonder if you ahve any idea how un-endearing it is. I know exactly what he does for a living, along with trying to rubbish anything anyone else says about tenancy law as he likes to feel like the only gay in the village when it comes to tenancy issues on the forum. I'm only speaking from experience, and from doing an awful lot of digging and learning. I am lucky enough to have a good few mates in the legal system, lawyers and barristers, who prevented me from maing the kind of mistakes that are being propsed on here (like changing locks or just walking in 24hrs after slipping a note under the door saying I was coming) so I happen to have some "genuine" things to say too.

and the then get reversed and admonished if they do.
Apparently this is a fantasy and happens in about 1% of cases where judges muck up.


 
Posted : 21/11/2011 10:29 pm
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lol. thats quite funny, you get pulled up on STW and go ring your QC mate. Most amusing. 🙂

Toys19, its very difficult to have a rational discussion of housing law with bits missing, misinterpretations and all the assumptions that go along with all of it. Forums are a terrible place to ask for an opinion as you'll get 20 different ones.
Now that you explained that the LL was possibly aggressive in court then it does make a bit more sense, but i'll stand by my point that no court would refuse to grant an eviction even if the ll was a prat and based on your brief synopsis.

I know exactly what he does for a living, along with trying to rubbish anythign anyone else says about tenancy law as he likes to feel like the only gay in the village when it comes to tenancy issues on the forum.

i'll try to dumb it down a bit


 
Posted : 21/11/2011 10:30 pm
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toys - not intended to be patronising - sorry - giving you info that I wasn't sure you had.

I'll be interested to see the judgement for sure


 
Posted : 21/11/2011 10:36 pm
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lol. thats quite funny, you get pulled up on STW and go ring your QC mate. Most amusing.
It pays to know what you are talking about. I asked him why my experience of the judge essentially bending the law happend when as you correctly pointed out that it shouldn't. I don't think I was pulled up, as I am not in a postion to give a legal opinion, only my actual experience. I wouldn't dumb it down, try actually giving some advice instead of pissing on everyones chips.

but i'll stand by my point that no court would refuse to grant an eviction even if the ll was a prat and based on your brief synopsis.

I think this is your problem - whilst it might be legally correct, it isn't actually what happens. I'll ask the QC's question again, have you ever been to court over a tenancy issue?


 
Posted : 21/11/2011 10:39 pm
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yes judges and courts do make judgements that have no basis in law - and the then get reversed and admonished if they do.

not in my case!! I deducted £75 off a tenant's bond for damage to a carpet, the judge was given pre check in photo's, an inventory signed by tenant on check in, photo's of the damage and invoice from carpet cleaners without any additional mark up or admin fee.

He asked me where it said in the contract I could do this and pointed it out to him and he looked at me and threw the contract back at me and said 'well the landlord has had the benefit of the rent' and awarded the judgement to the tenant.

It was at that point when I thought I was taking my commitment as a letting agent too seriously to be getting CCJ's in my name, paid the amount, walked out the door to meet my client who was a 30 year veteran landlord who was gobsmacked that we'd lost.

I sold up within a month and got out. Understandably there are people who hate landlords and agents and a lot are justified but I was the only agent with over 300 properties who could be contacted directly on a mobile by landlord or tenant any time of the week.


 
Posted : 21/11/2011 10:39 pm
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