Tenants not paying rent!!

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  • Tenants not paying rent!!

    Can someone help me please need advice!!
    My tenant moved in 30th October 09 on a 12 month contract through my letting agents (she was on housing benefits which I have never had before but letting agents set up a guarantor for her.)
    She paid on time the first month (Nov).
    Second month (Dec) tenant said her card got cloned so was 4 weeks late paying rent - finally guarantor paid it for her.
    Third month (Januarys) - still not had
    Forth month (Feb) is due tomorrow and am not expecting any payment as letting agents have tried to contact her and the guarantor about last month’s rent and have received no reply to phone calls or letters.
    Just wondered if there is anything I can do as it has only been first month she has paid on time and am getting a little fed up of asking letting agents about it. Is there any action I can take and how long behind in rent does she have to be before I can do this?? Thank you for any advice.

  • #2
    First ask the agent what their policy is regarding rent arrears, e.g. time scales and the letters they send when, and to whom (T or G).

    Ask to see a sample letter. They should be getting stiff with the G.
    Did they check that they owned their own home before they were approved?

    Perhaps they can be working a bit harder for you.

    If G will not pay, they need to threaten court action.
    All posts in good faith, but do not rely on them

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    • #3
      Thank you for the advice.
      Will contact letting agents today.
      Yes G has own house and is a managing director of a company so paying the rent should not be a problem for him.

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      • #4
        I agree with Bel about the agent could be doing more.

        For future information, once 2 months are unpaid (in this case if Feb isn't paid) then a section 8 notice can be served, which is a warning that you are going to start eviction procedings in 14 days time if they don't pay up!

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        • #5
          Originally posted by Snorkerz View Post
          I agree with Bel about the agent could be doing more.

          For future information, once 2 months are unpaid (in this case if Feb isn't paid) then a section 8 notice can be served, which is a warning that you are going to start eviction procedings in 14 days time if they don't pay up!
          What if they want to be let off the tenancy and that is why they don't pay rent?

          If the G is good, just threaten him with court action. You know that you will get the money.
          All posts in good faith, but do not rely on them

          * * * * * ** * * * * * * * * * * * *

          You can search the forums here:

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          • #6
            Do I have to wait until the end of Feb to serve a section 8?
            Just wanted to check if it has to be 2 full months or if it counts now as she was due to pay it yesterday and did not?
            Letting agents dont seem in a hurry to do anything said they have sent a letter will wait to see if their is a reply to this and if not next step will be a house visit to the property.
            Just getting fed u with it
            Thanks for you help

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            • #7
              L can serve a s.8 Notice (ground 8) as soon as the amount unpaid equals two months' rent, i.e. once the second month's has fallen due and not been paid on/before the very day that it fell due. Always add-on ground 10 (and ground 11, if applicable, too).
              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.
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              • #8
                Why dont you go and see another letting agent. Even if your present tenants are rubbish at some time in the future you are going to want another tenant, surely it would be better to have another tenant (or a list of tenants) waiting to move in so when the present tenants (sorry a tenant is a person who pays rent) move/are evicted you have someone ready to move in, thus minimizing your loss.

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                • #9
                  Originally posted by Always Problems View Post
                  Why dont you go and see another letting agent. Even if your present tenants are rubbish at some time in the future you are going to want another tenant, surely it would be better to have another tenant (or a list of tenants) waiting to move in so when the present tenants (sorry a tenant is a person who pays rent) move/are evicted you have someone ready to move in, thus minimizing your loss.
                  May not be quite so simple as current tenant may not move out when you want them to!

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