Landlords (new to letting) have fouled-up; can they rescue?

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  • Landlords (new to letting) have fouled-up; can they rescue?

    Sorry for starting a new topic but have no idea what to search for.
    My parents have been renting flats for a few years but mostly to friends and family so have never had any problems.
    In June they bought 3 new flats and rented them out and this is where the problem started and frankly they have not got much of a clue what to do, money and the mortgage has started to be an issue and i am trying to help as i am a bit more streetwise and less likely to be taken for a ride.

    So anyway they have 3 new flats rented but on one of them no rent has been paid for 3 months and on the other two no rent has been paid for 2 months.They have phoned numerous times but kept getting blocked or been told the money is coming.

    After searching on the internet i have discovered a few problems.
    1. They did not do any credit checks
    2. The have tenancy agreements contracts from WH smiths but no Guarantor form( they filled one for me when i went away for uni cant believe they forgot this)
    3. Have not put any thing in writing just used phone calls

    After searching on the internet i have come up with a bit of a plan of action but please guide me
    1. Issue a written warning requesting repayment(Is there a draft copy of this on the internet anywhere?)

    2. Issue a section 8 or 21 notice (which one do i need, where do i get these from and how long do i wait before is send them)

    At the moment that's all i got, how long do you reckon before the issue is usually resolved and does this just insure the removal of tennets or the repaymeent of arrears as well.

  • #2
    They need legal advice pdq- a shame that they left it until now before deciding to sort things out- before it all gets even worse.
    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).

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    • #3
      True but just wanted to get an overview of what needs to be done first

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      • #4
        Jeffrey has told you what to do first - get proper legal advice asap - and make sure it is a solicitor who specialises in tenancy law!

        Or spend a considerable amount of time reading the posts on this forum - it is probably quicker than ploughing through all of the applicable legislation....
        Mrs Jones
        I am not an expert - my posts are my opinion and should not be taken as fact!!

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        • #5
          Your parents

          Are exactly the sort of people who should put their properties with competent and specialist managing agents.

          There are still a few of the firms of Chartered Surveyors who offer a full management department and the Chartered firms are the most knowledgeable, regulated and ethical.

          I have no connection with any such firms and am not advertising, and there may well be other such firms located near where you live, but I know for example Strettons the long established auctioneer offers a national Management coverage

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          • #6
            Join a landlord's association, e.g. NLA, RLA. They can offer advice about correct legally compliant procedures for removal of tenants and also support on all landlord related issues.
            The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

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            • #7
              Thanks for the help guys much appreciated. Had a look at that NLA webste and will join after work. Whilst trying to find the right solicitor I will send demand for payment forms and the section 8 notice forms under ground 8 I have found.
              Once again thanks for the replys

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              • #8
                Originally posted by super_waffle View Post
                Had a look at that NLA webste and will join after work. Whilst trying to find the right solicitor I will send demand for payment forms and the section 8 notice forms under ground 8 I have found.
                Unless you're 100% certain that notices have been correctly filled in and are valid, a better order of things to do would be:
                1. Join NLA.
                2. Call NLA's free legal advice line. They can help you fill in notices with correct info. over the phone.
                3. Serve valid notices to tenants.
                The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

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                • #9
                  I agree with everyone - the first step is to seek professional advice immediately.

                  Your parents' inexperience suggests that there are potentially many other issues where legalities may not have been adhered to - such as deposit protection, gas safety certificates, EPC, etc.

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                  • #10
                    But super-waffle could sort this out himself/herself if they put in the time and effort. In my experience agents would be the worst way to go and he/she does not necessarily need a solicitor...
                    Unshackled by the chains of idle vanity, A modest manatee, that's me

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                    • #11
                      But it's a HUGE learning curve and it sounds like they need to get stuff sorted ASAP. In their position, I'd go for the professional help.

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                      • #12
                        I agree about the learning curve! It is just that my experience of agents has been poor and I feel that with a lot of work and study you can do it yourself (though you may make mistakes!) However if the parents have got themselves into a very bad position they may need professionals to get them out of it. So much depends on the situation and someone's willingness to put in the time and effort to sort it.
                        Unshackled by the chains of idle vanity, A modest manatee, that's me

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