Problematic Tenancy

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  • #16
    Thanks to all those who have replied.

    Buzzard - Not sure how they will return the property I suspect they will not pay their last lot of rent so I have not got any deposit left for cleaning or damages, what worries me is in the past they have black bin bags in the kitchen as its a victorian property and when the warmer weather arrives it will attract rats.

    Once again rent due on 1st only one tenant has paid out of six of them...

    If it's one month in arrears (1 month in advance) and then a few days late is this technically two months in arrears ??
    Fortunately we asked for quarterly payments but the tenancy is rent paid monthly.

    Sorry for the lengthy questions I have been doing this this for many years but never had a situation like this so I should consider myself lucky really but this is stressful and time consuming.



    • #17
      Originally posted by Flowella View Post
      Thanks to all those who have replied.

      Buzzard - Not sure how they will return the property I suspect they will not pay their last lot of rent so I have not got any deposit left for cleaning or damages, what worries me is in the past they have black bin bags in the kitchen as its a victorian property and when the warmer weather arrives it will attract rats.
      Bins cost money and students dont have a lot of spare cash - did you supply at least one? My child had black bin bags in the kitchen for a time because 1. the landlord hadn't supplied any bins and it took a while for them to go and find a shop selling cheap ones and 2. they hadnt been informed of the day or place to put rubbish out and had to find out. They have now bought their own bins (although in my view a decent landlord supplies them) and the rubbish is put out regularly. Did you ensure they have recycling bins? Rats should not be able to enter a property, Victorian or not you can fill holes. Rubbish left in bags outside might attract vermin.

      Asking for quarterly payments is not good fortune, it's a complication.


      • #18
        Problematic Tenancy

        I am at the end of my tether here and looking for support advice please :-

        I spoke a while ago about dodgy tenants the situation continues

        Payment has been late every month since I took tenants on in Nov except I got a bit in advance when they moved in although a few dragged their feet and left some unpaid ever since payments late every month for e.g. this month not even half the rent is paid and it was due on the 1st

        Ive written to guarantors no reply no payment either

        Ive sent formal demands to tenants again just being ignored despite a demand to them on the 2nd I have two payments since

        We asked for periodic inspections they refuse - eventually they agreed - did nit complete inspection as the tenants who were in were still in bed I went along to the kitchen and was horrified food everywhere bins spewing and generally disgusting - sent these pictures to their parents hoping to get support heard nothing

        Two bikes have been found in hallway I have asked them to use the outdoor garage the hallway is their fire escape but also the carpets were new when they moved in

        I invited a letting agent to carry out a floor plan so I can advertise this property as these certainly won't get their contract renewed she refused to market it as they were rude and aggressive towards her she also said they were smoking maruwayna as there was a strong smell of it when she arrived - my husband can witness this as it was an accompanied visit - The house is non smoking its in the tenancy agreement we also have non smoking sounds throughout

        Can some one please guide me through this Im finding it really difficult as whatever I do its to no avail

        Support/advice greatly appreciated

        Thanks in advance


        • #19
          You can serve notice to the tenants under s8 of the housing act, using grounds 10: rent arrears, 11: regular failure to pay rent, 12: breach of tenancy agreement, 13: neglect of property, 14: anti-social behaviour and 15: poor treatment of furnishings.

          None of these are mandatory grounds (if the tenants owe an amount equal or more than 2 month's rent and the tenant agreement allows its use in the fixed term, you can use a mandatory ground 8) and so whether or not you could actually repossess in court would be up to the judge on the day.
          But there's a lot of grounds there, and the judge would also know that he wouldn't be making the tenant's homeless (which tends to mean the courts are unwilling to act, normally).

          But the main thing is to escalate the issue to the tenants (and mainly the guarantors, who are, I expect, the parents).
          Detail the reasons for each ground and see what the response is.
          If they're on a joint agreement, remind the tenants and guarantors that all of them are liable for all the rent and all the repair and damage costs.

          If you're very lucky, they'll actually take the notice at face value and move out.

          On the other hand, this is fairly typical of students in my experience.
          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).


          • #20
            Two related threads have been merged.
            I also post as Mars_Mug when not moderating


            • #21
              this might sound a bit unhelpful now, but did you conduct a THOROUGH reference check on your tenants from the outset?


              • #22
                Hi a big thank you for your help today


                • #23
                  not typical of students IME. They might still be in bed (especially at a weekend), but smoking is declining. Most pay the rent more or less on time though. And if they had a garage the bikes would certainly be in it, what idiot wants them in a hall if there is a choice? Are there enough keys for the garage?

                  Eviction notices might bring them, or their parents, to their senses as might the warning that a poor reference will not help them find another rental and that they are all joint and severally liable (if they are). I would also say that you will sue them for rental to the end of the contract and a county court judgement would affect their ability to obtain credit for e.g. a mobile phone contract in future. Unfortunately I suspect that they will get advice from somewhere and pay just enough rent to be under the two months and if they dont eviction is still a slow process. Perhaps next time specify that rent in advance is to be for the first 4 and last 4 weeks of the tenancy.

                  It isnt easy for 6 students to find somewhere that will allow them to finish their year so you might get some more rent from them.

                  Try to get older students next time and science students have more lectures and less time to get into mischief.


                  • #24
                    Thanks Buzzard
                    Thats a good idea I may possibly give them more keys but they do not care enough for my property so I doubt it will help
                    I think Section 8 is the way to go I know its 50/50 chance they don't pay on time either and can't see the problem with it so far I have recd 2/6 payments despite sending formal demand on the 2nd March.
                    They were rude to my letting agent who has said she won't take on the property as they were rude and aggressive .......
                    So far its been ok with uni students a lot of work when they don't stay for more than 12 months but I suppose Ive been lucky the other house I have pay quarterly when they get their grants through and in the past thats always what has happened


                    • #25
                      Thanks JPkeates appreciate what you have posted - thank you for your support


                      • #26
                        Just woken up to a missed call at 1 am this morning and an email saying locked myself out and had to force door can you fix it please ? Whatever next I certainly won't be fixing it what about making do using settee for the evening ?? It looks like a case of I break it you fix it .....


                        • #27
                          The landlord is responsible for front door. (See legislation...). Ok, Landlord can request tenant to pay, but that's a separate matter.

                          Further, bust front door might be in breach of insurance requirements. Would suggest Landlord fixes door (possibly temp fix), pays workmen, then pursues tenant for payment
                          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...


                          • #28
                            Do they have locks on room doors?

                            I'd assume it was the front door and wonder why they hadnt woken someone else up. If it's an internal door I'd suggest they pay in advance if they want it fixed, if an exterior door you'll have to do it.

                            Consider a key safe for the future?


                            • #29
                              It was his bedroom door - he managed to get into the house.
                              Im hoping I can use this as grounds on section 8 - lack of care to property as well as smoking they are not two months in arrears yet and seem to know the game hence they pay in drips and drabs


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