Tenant - Late Payments

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    Tenant - Late Payments

    Hi. (My first post)...

    My tenant has made several late payments in relation to the monthly rent.
    This causes my wife and I a massive headache as you can imagine because our immediate reaction is that they will not pay....until they are chased (by our letting agent - fully managed)...We are not convinced the letting agents credit control policy is not as hot on late payers at it should be.

    I would like to inform my tenant that if they continue to make late payments i will serve notice to evict.

    1. Am I best going through my letting agent to do this? Or act now and send a letter to the tenant of my own back?

    2. Does anyone have letter templates?

    Greenandy

    #2
    Your agents should be aware on serving a Section 8 Notice on the following grounds:

    Ground 10 - This ground covers arrears of rent being in arrears less than the times specified in mandatory ground 8. This ground also, with the consent of the court, allows rent recover by distress.

    Ground 11 - This ground covers persistent delays in rent payment. However, being a discretionary ground the court will take into account factors outside the tenant's control, for example, delays in housing benefit payments

    Take a look at http://www.landlordzone.co.uk/ground...possession.htm for more info.

    Good luck!
    lettingaproperty.com
    Nationwide Online Letting Agent
    0844 567 0578

    Comment


      #3
      How late is the rent coming in?
      My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

      Comment


        #4
        Sometimes it's not always the tennants fault, I was late with my rent with my ex ex landlord as my card was cloned and someone took all of my money, my bank wouldn't give me a tempory O/D so what little money I had I needed for food and travel to work

        Comment


          #5
          Originally posted by looking4info View Post
          Sometimes it's not always the tennants fault, I was late with my rent with my ex ex landlord as my card was cloned and someone took all of my money, my bank wouldn't give me a tempory O/D so what little money I had I needed for food and travel to work
          One late payment, fine. Everyon'es human.
          Two late payments (in same year) - not good.
          More than two - they're having a laugh. Or genuinely cannot afford to live in the property.
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment


            #6
            On balance, provided the rent is coming through albeit late, I would stick with the tenant until the end of the term ( 12 months? ) and then politely decline their request for a renewal.

            If it's not too late, can't you persuade them to pay their rent by a bank standing order into the agents bank on a specified day of the month?

            Comment


              #7
              Originally posted by mind the gap View Post
              More than two - they're having a laugh. Or genuinely cannot afford to live in the property.
              or genuinely suffering some hardship and to proud or scared to admit it?

              I had a tenant who had lost her husband to cancer followed by her son, an only child, in a car accident 3 months later. She kept it to herself as she was only working part time and struggled to pay the rent as she balanced taking control of her finances with working, benefit claims and dealing with her grief. She was worried we would kick her out if we found out she was on her own and didn't earn enough to pay the rent.

              I only found out when the local Vicar called me after I wrote to her for the 4th month running because her rent was coming in 3-4 weeks late. He explained the situation, and we backed off and did what we could to help.

              Tenants aren't all bad people, sometimes they have the same problems as the rest of us.
              My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

              Comment


                #8
                It may be worth asking why? If they get paid 2 days after the rent due date or something similar it may mean that simply moving the due date would work?

                Comment


                  #9
                  Originally posted by MetropolitanAnthony View Post
                  On balance, provided the rent is coming through albeit late, I would stick with the tenant until the end of the term ( 12 months? ) and then politely decline their request for a renewal.

                  If it's not too late, can't you persuade them to pay their rent by a bank standing order into the agents bank on a specified day of the month?


                  They have cancelled the mandate - for a second time in 2 months

                  Comment


                    #10
                    Originally posted by oaktree View Post
                    How late is the rent coming in?

                    14-20 days

                    Comment


                      #11
                      If there is now an amount of rent unpaid which (in total) exceeds two months', EVEN if T pays some money every month, use ground 8 [mandatory possession] as well as grounds 10/11 [discretionary possession].
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

                      Comment


                        #12
                        Originally posted by greenandy View Post
                        14-20 days
                        Which implies there's probably a pay cheque coming in just before that; otherwise they'd have the money available on the right day?

                        Comment


                          #13
                          Originally posted by Ericthelobster View Post
                          Which implies there's probably a pay cheque coming in just before that; otherwise they'd have the money available on the right day?
                          they have informed me that they have applied for housing benifit. This is why i have been waiting. Not sure what to do now? Maybe keep them on as the benifit gaurantees my rent?

                          Comment

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