Tenants 3 Weeks In Arrears

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    Tenants 3 Weeks In Arrears

    Advice please...Ive normally been fortunate with tenants paying rent on time. However currently my tenants are 3 weeks in arrears with excuses every day. Im not expecting a good outcome and do not believe I will receive any more rent. The letting agent (not fully managed) is saying don't go too extreme and start sending letters about court action. I think I need to start escalating matters?

    #2
    Fire your agent. You don't have to start court action immediately on notice expiry if you so choose, but serve the notices so you *have* the choice. If you don't serve the notice, you don't even have the choice.

    Section 21 if tenancy is periodic or fixed term ending within next couple of months.

    Section 8 ground 10 now, ground 8 and 11 if and when a second month of payment is missed.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    Comment


      #3
      You should first understand if the T's circumstances have changed (lost job) if you want them out, then serve S8 or S21 notice, and then follow through with court. Serving notice may get the T to pay up or not.

      How long have you got left until the tenancy ends? As if they have 2 months left may be easier to just get a possession order.

      Comment


        #4
        If the letting agent isn't managing the lease, their views are just advice.

        Do what you think is appropriate,.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Even if they are managing, it's still just advice. They're the landlord's agent, they're supposed to act in accordance with the landlord's instructions.
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          Comment


            #6
            I probably should have used the word opinion, rather than "advice".

            If the agent was retained to find a tenant only, and have done that, they are no longer the landlord's agent.
            They may be in future, but they aren't now.
            If issues arise with the matter they were retained to carry out, their duty as an agent is relevant.
            Other than that, they have neither standing or any remaining duty or obligation.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              Originally posted by jpkeates View Post
              If the agent was retained to find a tenant only, and have done that, they are no longer the landlord's agent.
              https://www.landlordlawblog.co.uk/20...hmo-licensing/

              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

              Comment


                #8
                Agents who do tenant find only don't receive rent on an ongoing basis.
                If they receive the rent, that's an ongoing service beyond tenant "find".
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  I know, the linked to article was about a case where an agent did tenant find, received the deposit and 1st month rent only but nothing beyond being found guilty in relation to the landlord's not having an HMO licence as they're considered "a person managing for the whole of the fixed term of the tenancy".
                  I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                  Comment


                    #10
                    I read the link (and saw it when it was first posted - I like that blog), but a) I think keeping the deposit is more important than that case highlights and b) suspect it's a one-off otherwise.

                    The judge gave the agent absolute discharges for most of the issues (which makes me think that the judge was probably out thought by the claimant's legal team, but didn't think the outcome was fair).

                    From a natural justice point of view, an agent who lets a property which is an HMO that needs to be licensed should probably ensure that it is.

                    Even in light of that case, the idea that the agent is, in a legal sense, the landlord's agent makes no sense.
                    Agency carries a fiduciary duty in this case, and that's asking a lot for finding a tenant only.
                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                    Comment

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