Continual late rent

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  • Continual late rent

    I have a tenant who continually pays the rent late. When i phone or text and she knows it's about rent she simply doesn't answer. If i physically knock on the door then she gives me excuses like she couldn't answer the phone as she is out of credit etc. I write her letters asking her to please let me know in advance if the rent will be late etc but every month has been 1-2 weeks late since she moved in last summer. I know it's only 2 weeks BUT that is with me chasing her up and writing letters etc. All this takes time and there is also a certain cost attached to keep driving over there and writting letters etc. Until now i've just put it down to part of the whole letting experience. All my other tenants ahve set up standing orders but she pays teh rent in cash directly to my bank. However, i suspect i will get nowhere until it starts effecting her if the rent is late. Is it possible to set up some sort of system like the banks have where if you get a rent arrears letter, say after 2 weeks, then there is a charge attached to that? I dont really want anymore money out of her as she is a single mum. But she is receiving help with the rent and i would like it to be paid on time or receive warning from her. As most of you on here will know a tenant who always answers the phone and explains any lateness is a lot less stressful than a tenant who doesn;'t pay without warning and then makes themselves uncontactable.

    Basically I need some sort of incentive for her to pay, and ideas welcome.

    thanks

  • #2
    Serve a Notice under s.8 of Housing Act 1988, on grounds 10 and 11.
    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
      serving a S.8 will normally do the trick (especially if she hasn’t explained to you why its late (pay date has changed etc). The notice should bring home that you are a professional landlord who has his eye on the ball and wont be taken for a mug. Having only joined recently and read lots and asked questions, I'm taking similar measures to be a better landlord not just for my tenants but for myself as well (reducing stress on myself and people around me).

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      • #4
        See whether changing the date on which she pays rent to you will help her.

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        • #5
          Originally posted by Telometer View Post
          See whether changing the date on which she pays rent to you will help her.
          But that won't be legally binding, unless a formal Deed of Variation is executed [NB: no contractual consideration, so it must be a Deed].
          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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          • #6
            She moved in on the 8th and after a month asked me if she could pay on the 10th as that's when she get's paid. I said that was fine but problem is she's never actually paid on the 10th

            I could serve the eviction as suggest but always feel this is a bit harsh but guess i need to toughen up and act professionally. My letting agent always says serve even if 1 day late etc. If i do serve a s8 notice what do you do once she's paid? Do u write another letter saying everything is ok or does the notice effectively dissolve once the arrears are paid?

            cheers

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            • #7
              Ground 11 relates to persistent late payment and applies even if T's rent is clear (but it's a discretionary ground only).
              If T does clear the rent, you as L must decide whether to seek possession on this ground.
              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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              • #8
                i dont want to evict her, just want to give her a bit of a kick up the backside to pay on time

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                • #9
                  Originally posted by jackboy View Post
                  i dont want to evict her, just want to give her a bit of a kick up the backside to pay on time
                  Serving a s.8 Notice may well be the best method of this- it does not oblige L to begin proceedings, you know.
                  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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                  • #10
                    If you did serve a s8 and then receive the rent would you then write to tell tenant that as you have received the rent the the proceedings will now stop. Or is it just assumed that once the rent is paid the grounds are no longer valid and therefore automatically disolved.

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                    • #11
                      Say nothing. If the tenant paid, just keep the section 8 notice alive waiting for the next late/inconsistent/short payment. Cos you know it'll happen...

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