Tenents not answering calls...

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  • Tenents not answering calls...

    ...and has not paid this months rent

    We gave our 2 bed hse to a letting agent 2 years ago, they got a tenanet from the local auth; the LA paid the rent to the letting agent and the tenant paid the difference. He paid every month with fail.

    When the letting agent return our property to use following difficulties which led to the company going into administration. We contacted the tenant and visited him to view the property, after which, he paid the rent regularly without fail.

    In Nov, he started to avoid us and he wouldn't pay on time but he would eventually. However, this month I have not being able to get hold of him and he would'nt ans the door when I pop round their even though I saw someone peeping thr the curtain.

    When we got the property back from the letting agent we did not draw up a new rental agreement (our mistake).

    What should we do next?

    I would appreciate any useful advise.

  • #2
    A bit of a fragmented question. You don't need a new tenancy agreement but you could serve a S.8 Notice if you have 2 months rent unpaid. See lots of other threads on this subject.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


    • #3
      Try giving notice of an inspection.

      Something like:

      Dear XXX,

      The regular maintenance inspection for YYYY is now due.

      ZZZ would like to conduct the maintenance inspect on <DATE> (ie. tomorrow) in the evening.

      Can you confirm this is a suitable time please?

      There is no requirement for you to be present, but if you wish to be present and this time/date isn't convenient for you please feel free to suggest an alternative date/time.

      This should give you an opportunity to talk to the tenant. Be careful not suggest you'll enter the property without their permission.

      Is he still claiming LHA? If so you should let them know the rent isn't being paid. Unfortunately they won't pay it direct to you until he is 8 weeks in arrears (that is, actual arrears, any rent due in advance doesn't count).

      You can mention getting a CCJ for the arrears, but that might not have any effect on an LHA tenant, and if you do it now will delay the point at which you can apply to evict them.


      • #4
        One point I should add: If you get no reply to the above note, do NOT assume you have the legal right to enter the property on the given date/time, as you don't! The aim is to get the tenant talking.


        • #5
          Thanks for ...

          ..your advice.

          I will send him the letter and see what happens.

          We are still getting a poportion of the rent paid by the Local council directly to us, the proplem is that he has stop paying the difference. I worry that the LA will stop paying the rent, if this should happen we would be in serious trouble.

          If I do not get any reply from my letter what next?


          • #6
            Please share the following with the members:
            1. What is the commencement date of the current tenancy agreement?
            2. What is the end date or length of term of the current tenancy agreement?
            3. If the current tenancy agreement started on or after 6 April 2007 and you took a deposit, did you protect the deposit in a scheme?

            Depending on your answers, I'm sure the members will have suggestions.


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