Tennant not paying rent

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    Tennant not paying rent

    Hello all.
    I really need your advice as I am in a ast tenancy agreement with a tenant and his partner since July 2016. He has not paid me rent for oct 650 pounds. After chasing him in two instalments he has paid 225 and 425 still due from last month. This month the rent was due on the 20th Nov and nothing paid. He has made lots of promises to pay but the payment is not coming. His reason for not paying is that his wife has changed jobs and the last company has not paid her for 2 months hence they have no money. I am really stressed and. Not sure what to do. Wil appreciate your advice.

    #2
    Originally posted by Kate foster View Post
    Hello all.
    I really need your advice as I am in a ast tenancy agreement with a tenant and his partner since July 2016. He has not paid me rent for oct 650 pounds. After chasing him in two instalments he has paid 225 and 425 still due from last month. This month the rent was due on the 20th Nov and nothing paid. He has made lots of promises to pay but the payment is not coming. His reason for not paying is that his wife has changed jobs and the last company has not paid her for 2 months hence they have no money. I am really stressed and. Not sure what to do. Wil appreciate your advice.
    Are you asking us how to evict them, or how to get the money out of them if they haven't got any?

    The first is straightforward (via s8 and/orS21) but may take months.

    The second, I have no idea, unless there is a Guarantor?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #3
      I want to get my money out. So small claims court is an option as that's quick but need some advice from someone who has used this to know the full process as I want to do it myself. I want to action this quickly as otherwise they will be owing me more rent then their deposit.

      Comment


        #4
        Originally posted by Kate foster View Post
        I want to get my money out. So small claims court is an option as that's quick but need some advice from someone who has used this to know the full process as I want to do it myself. I want to action this quickly as otherwise they will be owing me more rent then their deposit.
        https://www.gov.uk/government/public...ine-user-guide

        Be aware that all the court can do is order them to pay. If they have no money, they won't be able to do that, will they? You can get an attachment of earnings order I believe, but I know nothing about those.

        It might be more useful to keep a dialogue going with them in which you say 'I'm really sorry to hear that your wife isn't being paid (presumably she is changing jobs?), but you'll appreciate that I have a mortgage to pay/maintenance to do. Unless you are able to commit to paying at least something each week from now on until the arrears are cleared, you'll leave me with no option but to seek possession and a court order requiring you to pay, and find some tenants who can afford the rent. I'd rather you were able to stay, but I cannot afford it for much longer if you are not paying the rent.'

        Then serve a s21 to show them you are serious, but reassure them that you will not act upon it unless they default on the agreed repayments.
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

        Comment


          #5
          Hi Kate,

          Sorry to hear you're having a rough time.

          Alas, it is not so unusual for tenants not to pay some rent occasionally. People often think that if they have a property, they get money for nothing, but as you know now, there's a lot of stress involved. Sometimes I think the stress is for nothing!

          I think it's important to talk to them often, and not go weeks without talking to them. Just call them every week and say "when will you pay?". Then check that they have paid (or not), and call them back. If they say, "I can't pay", say, "pay half". Just make sure they give you something, and keep on them. That way, at least the sum will no grow as quickly. If they're honest folk, they'll pay you (eventually).

          You should check out the process on how to evict them quickly, and get it started quickly, if you're short on money. However, you should also note that an angry tenant can start to actively work against you (this is different from an indifferent tenant, who would not bother). So, when you talk to the tenant you should always be polite, and you should always tell them exactly what your problem is (e.g. if I'm behind with my mortgage repayment, I'll have to pay extra in interest... I've already maxed out my credit card, and my husband has been laid off... bla bla bla). Admittedly, I'm laying it a bit thick, but you know what I mean. Explain to them that you're a person, and you have problems, and you need their help, either let them leave the property, or pay you your money, so that you can support your own loved ones... like they need to do with their loved ones.

          If you call and say, "pay or else", they might turn on you, and you'll have a different kind of headache (sometimes it's unavoidable, but in my opinion, it's often possible to avoid).

          Good luck either way Kate.

          Comment


            #6
            Please answer my question about the Guarantor.
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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              #7
              Thank you all for your suggestions. I have actually tried being understanding, sympathetic and patient with them both for last 5 months. I have explained to them about it's affecting my own health and wellbeing. I have a young family and I can't support them without the rent. Nothing has worked and I am on my last resort to take some action. They do not call back or respond to my messages. I don't want to aggravate the situation but feel if I don't do anything they will not pay and the rent arrears will keep getting higher. What about I write a letter to explain all this in writing and ask them to respond in 1 week time before sending a formal letter explaining court action. Please advice.

              Comment


                #8
                Sorry 5 weeks not months.

                Comment


                  #9
                  Sorry no garauntor. As the agent got them through all checks and they are working so no guarantor.

                  Comment


                    #10
                    You need to post the information requested here http://www.landlordzone.co.uk/forums...ll-new-posters so that people can give you advice on when you can issue notice.

                    Comment


                      #11
                      Serve s8 TODAY.

                      Serve s8g8 when 2 months unpaid. Evict through courts.

                      Also start SCC TODAY by sending LBA
                      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                      Comment


                        #12
                        The usual problem = how did you acquire this tenant in the first place?
                        Did you carry pout even the most basic checks of integrity and ability to pay?
                        Did they have at least a few 1000 in the bank before starting the tenancy? If not, why are you now surprised that you have a disaster on your hands?

                        a) Did you confirm their bank balance? Yes/No -- What was this £ _____________
                        b) Was the tenant on benefits of any sort at the start of the tenancy? If so then what ___________________
                        c) Did you do a check for any CCJs? What did this show ______________
                        d) was the tenant i) a student ii) employed
                        e) Did you obtain a reference from the previous landlord? What did this show ___________________
                        f) Was the tenant a UK citizen (do not presume I think this is a good thing), and if not where were they from? ______________________
                        g) Who found the tenant? You or a letting agent _________________
                        g) If the tenant was found by a letting agent did you interview the tenant yourself before granting the tenancy? _____________

                        Comment


                          #13
                          If they're struggling to pay the rent, but are paying it late because of something outslide their control - i.e. they're telling the truth, I'd do nothing.
                          It will get sorted and work itlself out.
                          Anything like a small claim or repossession is going to take months and be much more stressful.

                          If they're not telling the truth and can't pay, you will need to retake possession of your property and would probably struggle to recover anything from the tenants.
                          If they can't pay rent even if not doing so will make them homeless, they can't pay off a debt that would be a considerable lower priority for them.
                          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                          Comment


                            #14
                            @Kate.

                            Take artful's advice, start a claim online for the rent owed, then use the bailiff service to get your money.

                            Sympathy with the debtor is not likely to do anything for you, they will just take advantage of you.

                            I have a tenant that has been ordered to leave today, she wont go of course which means I also will have to use bailiffs to gain possession. Be tough and save your sympathy for yourself.
                            I offer no guarantee that anything I say is correct. wysiwyg

                            Comment


                              #15
                              I think Mind the Gap gave you some excellent wording in post 4 for a formal letter. I would follow that advice and then stay on top of it and only use legal redress if it goes on beyond the next few weeks

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