Tennant not paying rent

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    #16
    Thank you all for such good advise. I am posting a letter threw their door explaining the circumstances and giving them until 19 Dec to pay full amount. If not then they will be in arrears for 8 weeks and I will be able to start formal proceedings. Just all very stressful like some of you have mentioned. They were vetted by the lettings agents and passed through everything so I didn't think anything would go wrong. I know these things can happen with people but keep defaulting on rent is just going to increase massively and even hard to get the money out. Will keep you informed what happens after my letter reaches them.

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      #17
      They were vetted by the lettings agents and passed through everything so I didn't think anything would go wrong.
      couple of things to learn then...

      Your letting agents are possibly not vetting tenants thoroughly enough. You may want to find new ones when you get this resolved or at least get a detailed list of all the checks they do and see if it matches the standards that would have prevented this from happening in the first place. However, you should never assume that the past guarantees the future and therefore always be open to things going wrong even if someone has a tip top history. Sh.. happens.

      Secondly, what do your agreements with tenants and agents say? Our AST says that two weeks' delay in rent payment will trigger potential proceedings. It also says that we as landlords, not the agent, are liable for that process. If it ever happens, I plan to send a written letter allowing an extra two weeks and warning that proceedings will start unless arrears are paid in full. I then plan to spend that time becoming very familiar with the process for eviction before starting things off so that buys us and the tenant some time to hopefully sort things out. Two plus months is, for me, way too long to let it slide.

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        #18
        Two months may seem a Long time tatemono but unfortunately if a tenant is still within their AST then no court proceedings can be brought, despite what is written in the tenancy agreement.
        Outside of an AST a section 21 can be used but this itself gives 8 weeks notice.

        There's no quick fix for a landlord and it's more likely to be at least 6 months owing before the full eviction process is complete

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          #19
          Originally posted by Wright76 View Post
          Two months may seem a Long time tatemono but unfortunately if a tenant is still within their AST then no court proceedings can be brought, despite what is written in the tenancy agreement. ...
          Section 8? (Yes, wording required in AST..). Many grounds expire in 14 days, one IIRC is immediate....
          ....Outside of an AST a section 21 can be used but this itself gives 8 weeks notice....
          errr.. 2 months, minimum....
          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...

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            #20
            I apologise for my error in 8 weeks it is infact 2 months which was my original point!

            No idea what your getting at with your first point. They may be able to issue a section 8 but the chances of that being successful without 2 month arrears are about as good as winning the lottery.

            The law gives the tenant 2 months for a reason. Amending the time frame in a tenancy agreement would not bode well with a judge if used as sole reason for eviction.

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              #21
              Kate, if you have insuffient cash reserves to support your family during a 5 week reht drought how are you going to cope when property gch needs replacement boiler at short notice or worse capital expenditure?
              Ask yourself if the rented property business is right for you?

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              • Reply to Lodgers left without notice
                by Stew
                Try and look at this with a positive angle, at least they have left the house allowing you to re-let it when you can. They are not sat in situ and refusing to pay rent which would be far worse.

                I was always told by another landlord there is no point chasing people that leave and don't pay...
                03-04-2020, 17:31 PM
              • Lodgers left without notice
                by hoolaholla
                I have 2 student lodgers, I am not at the property at the moment and their rent day recently passed and neither paid rent. When I enquired it transpires they have both vacated the property and are refusing to pay any further rent, their tenancy does not officially end until July. I have a 1 month deposit...
                03-04-2020, 16:52 PM
              • Reply to Lodgers left without notice
                by hoolaholla
                That isn't terribly helpful advice. I am enquiring as to my legal position and not your personal and moral opinion....
                03-04-2020, 17:29 PM
              • Reply to Lodgers left without notice
                by hamilton
                It sounds to me that you are financially over-extended, if you do not have the money in the bank to cover such eventualities. I suggest you sell up, and readjust your expectation of what life owes you.
                03-04-2020, 17:24 PM
              • Reply to Lodgers left without notice
                by hoolaholla
                I am confused by your response, are you suggesting that demanding another 4 months rent as per our agreement is the wrong thing to do? Why is it wrong if this was our agreement?
                EDIT: This was in reply to Hamilton who deleted his reply....
                03-04-2020, 17:23 PM
              • Reply to Lodgers left without notice
                by hoolaholla
                I was living there, but I have returned to the family home due to coronavirus. The house is now unoccupied, its alright for them to deny their responsibilities but I have a mortgage and without such a luxury. It is so unfair.
                03-04-2020, 17:12 PM
              • Reply to COVID-19: Court hearing section 8 vacated
                by Stew
                Given that not much can be done court wise re eviction this tenant's issues clearly had nothing to do with Covid could the landlord at least raise a money claims via the online service?

                Assuming that the tenant does not have a valid concern with you as a landlord and the eviction would...
                03-04-2020, 17:10 PM
              • COVID-19: Court hearing section 8 vacated
                by syrbag
                A court hearing planned for 23 March for rent arrears vacated, tenant 5 months without paying rent, rent paid 2 months in advance. tenant not picking calls and not taking advantage of the COVID-19 situation. anyone in a similar situation and what is the best way to proceed?


                'This...
                03-04-2020, 10:56 AM
              • Reply to Lodgers left without notice
                by jpkeates
                I don't know if you have a legally binding agreement or not.

                If they signed a contract saying they would stay there for a period, they may be in breach of that contract.
                However, you would be entitled to compensation for any loss, which seems to be nil, it's very unlikely that the...
                03-04-2020, 17:09 PM
              • Reply to Lodgers left without notice
                by hoolaholla
                But where do I stand legally? Whatever the current crisis, we still have a legally binding agreement, no?
                03-04-2020, 17:03 PM
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