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

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.

change your username to rentoff?

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.

Send Begbie round to sort them out.

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

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

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.

also if the rent is normally done by standing order doesnt someone have to go and physically cancel or stop it ??

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.

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

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...

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.

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?

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?

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 .

cutting your losses sounds the best plan to me too.

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?

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

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 -

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.

i cant really afford to be without the rent

#firstworldproblems

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

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.

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?

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.

Renton's tenants yesterday...

[img] [/img]

.I would be thinking about changing your letting agents as well - I am not convinced they are giving you the right advice

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.

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.

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.

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.

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***

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?

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

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]

Although the bank then owns the property

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

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.

OP, have you spoken to the tenants?

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.

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

she said the house was in good order and stunk of polish.

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.

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 🙄

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.

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?