Tenant moving out with rent arears

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Tenant moving out with rent arears

    Hi,
    I am a landlord who has a tenant that is in arears and is moving out shortly (10 days) having given one months notice. He has issued a Cheque for the rent 4 weeks ago and that has bounced, and has been presented twice now without success.
    His deposit is held by the letting agency but will not cover the total amount due and there will be nothing left over in the event of any repairs that may be required. My fear is that I don't know if this is an attempt to simply avoid paying the rent or if there is damage to the property that the tenant does not want to pay for out of the deposit. Also I am concerned that he may not be willing to give a new address when he leaves so that I can persue him for any shortfall. Any advice would be gratefully received

  • #2
    Is the tenancy's fixed term expiring on the day that T has agreed to leave- or before (or after) that date?
    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


    • #3
      The tenant was in a 6 month contract that was allowed to roll over, They have given notice 3 months later but 3 months earlier than was expected.

      Comment


      • #4
        Originally posted by boxtop View Post
        My fear is that I don't know if this is an attempt to simply avoid paying the rent or if there is damage to the property that the tenant does not want to pay for out of the deposit.
        You'll find out in 10 days. Even if you find out sooner, there's little you can do to change the situation except ask the T to put things right before he goes. In future, get at least 6 weeks deposit, which covers the non-payment of last month's rent scenario plus something towards dilapidations.

        Also I am concerned that he may not be willing to give a new address when he leaves so that I can persue him for any shortfall. Any advice would be gratefully received
        Do you have his work address? If so, you can either apply to the court to serve the claim by post to his work address, or pay a process server to deliver it in person (i.e. physically hand to the tenant).

        If you don't have a work address, then you can pay a tracing agent to find the tenant's new residential address (which should cost less than £100). Keep any details you might have which would help with this, such as his bank account details, NI number, car reg, former address etc.

        If T is unemployed, you need to ask yourself whether it's worth pursuing the T for the debt.

        Comment


        • #5
          To the best of my knowledge he is a self employed consultant solicitor who works from home. My letting agents probably have more info but I am rapidly losing faith in them.

          Comment


          • #6
            If he holds a Practising Certificate, the Solicitors Regulation Authority will have his new address details.
            Whether the SRA will divulge it is another matter, though!
            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

            Latest Activity

            Collapse

            • When do tenants' requests go too far?
              Suzy76
              Tenants moved in at the beginning of the year and have issued a stream of requests/demands since then, the main ones being

              - After signing the contract but before moving in, requesting that I change the wallpaper in one room as they decided they didn't like the colour
              - Asking to...
              12-07-2017, 16:46 PM
            • Reply to When do tenants' requests go too far?
              Landlord1206
              If you trust the tenant I would allow them to decorate upon approval. To agreed specifications and at THEIR EXPENSE. This improves the property and keeps them happy. I have had this happen, new paint colour in lounge. More difficult in your case with a new tenant so I would have said wait and see....then...
              23-08-2017, 11:18 AM
            • Private letting advice
              xNicolex
              My partner and I have recently moved into a private let with our 7 month old son.
              now the flat was in a right state when we moved in - bathroom hadn't been cleaned, kitchen was a mess, oven absolutely caked in grease from the previous tenant (it still is, I refuse to clean it so I'm just not...
              23-08-2017, 08:28 AM
            • Reply to Private letting advice
              xNicolex
              Wannadonnadoodahl - a few of the issues were noticeable when we moved in, however the landlord reassured us they would be dealt with within a week or two, its now been 6 weeks

              JK0 - we aren't on any benefits, we both work and have been full rent of £150 a week, which feels like robbery...
              23-08-2017, 11:05 AM
            • Reply to Private letting advice
              Landlord1206
              Not sure if you have a gas cooker or not. Either way, please check that you have a valid Gas Safe certificate. You do not mention the boiler but given the other issues, I hope this is safe for you.
              You may wish to ask for a PAT on any electrical items.

              Not sure why you moved in given...
              23-08-2017, 11:02 AM
            • TT not leaving
              johnson13
              A friend of mine (LL) rents his property through an agent and has asked them to get the tenant out as he's coming back to live in it. The agent served a S21 notice which is due to expire soon (we'll check, but for the purposes of this post assume that everything has been served correctly and the notice...
              23-08-2017, 09:00 AM
            • Reply to TT not leaving
              Darth Wookie
              The tenant may be 'morally' in the wrong, but is legally in the right. They have no outright legal obligation to leave at the end of the tenancy agreement, which can only be truly ended by the court. In essence, the court are the 'adjudicators' of the contract and decide whether to enforce it or not....
              23-08-2017, 09:43 AM
            • Reply to TT not leaving
              jpkeates
              The current tenancy continues until the landlord has recovered possession (or the tenant serves notice) so there's no danger of a new one coming into being accidentally .

              The tenant is awarded costs if they lose, which is pretty standard in legal cases. If the landlord loses the case, the...
              23-08-2017, 09:38 AM
            • Reply to TT not leaving
              johnson13
              Ok, thanks. This seems to imply that the tenant is in the wrong by not leaving then.

              The notice might as well say, "you don't have to leave when this notice expires, but you'll have a large legal bill if you don't."



              Thanks again.

              Is this...
              23-08-2017, 09:19 AM
            • Reply to TT not leaving
              jpkeates
              The landlord can carry on accepting rent, which is due until the tenancy ends.

              The tenant has every right to stay, as the landlord's notice doesn't actually end the tenancy. To bring the tenancy to an end, the landlord will need to go to court. If the landlord is successful, the tenant...
              23-08-2017, 09:12 AM
            Working...
            X