Ladyh

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    Ladyh

    Hi, wondered if anyone can help with a situation I have with a short let tenancy.

    I discovered the tenants have not paid the rent for the month of June yesterday. I manage to speak to her at 3.00 pm and she has assured me the money will be in my account next week which I said was fine. However, I am slightly concerned as their renewal for the contract was up on 25th June and to date I have not received any signed copies of the short let contract sent back to me. Should I be concerned at this point? I texted the tenant yesterday after speaking to her to ask which date the money would be in my account as I have to inform the bank as to why some of my other expenses have bounced back due to lack of funds in my account. The tenant said she would get back to me in the evening but did not do so. At lunch time today I tried calling but she is avoiding my calls. I also texted her but she has not replied. I am feeling slightly anxious as to why she would be doing this. I hear many horror stories about not being able to evict tenants from a property, would this still be the case if they have not returned the contract to me and would I need a court order to get them out of my property. I'm not sure what the next steps would be so if someone could help with my query it would be much appreciated.

    Ladyh

    #2
    How long was the original tenancy agreement?

    Is it an assured shorthold tenancy?

    Is the property in England/Wales
    All posts in good faith, but do not rely on them

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      #3
      To Bel

      Thank you for getting back to me so soon with your questions. In answer to them:

      - The original agreement was for six months.
      - It is an assured shorthold tenancy agreement.
      - The property is in England.

      Since our last contact the tenant has finally come back to me. She says the rent will be paid into my account by next Wednesday and the contract is in the post (I guess I'll have to wait and see). In addition I am now concerned as to how she will pay this month's rent as her circumstances will not have changed by the next rent due date (in three weeks time) and I fear a recurring problem and the possibility of facing bank charges yet again if I don't make provisions for her lack of funds.

      Many thanks for your advice.

      Comment


        #4
        Even if she does not return your contact, the tenancy would go on as a periodic tenancy, month by month until T serves a valid notice to quit or you serve a section 21 notice and she then vacates.

        As she may now have signed, you will be likely to both be bound for the new fixed term of the contract.

        You need to try and get to the bottom of what is happening, but it is usual for tenants to go a quiet when they are having problems. You could try a letter to say that she is owing x much and you want to see if there is some way you can help if she can let you know her situation, or if she doesnt get back to you , you will be serving her notice to quit within x days

        You dont want to be stuck with somebody who will not pay, so better you work it out

        SO if she continues to mount arrears and there are at least 2months rent due, you may wish to serve her a section 8 notice to quit, or you could start court procedings just for the money she owes you. If she has not signed the new agreement you could serve a section 21 notice to quit ; if it goes to court, it could be quicker to get possession with section 21 .

        In this situation a good agent would be worth their money if you ared not experienced. I think you need to do a lot of reading around the subject, or get advice from a solicitor. Its so easy to make mistakes with serving notices.
        All posts in good faith, but do not rely on them

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