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Problem tenant

I try to be a nice landlord but I think that I'm just getting taken advantage of.
Got totally overcharged by my letting agents - they added on loads of hidden extras that I wasn't informed about when I initially enquired. Of course, they claimed that they sent me their terms and conditions but I didn't receive these until the tenant had already signed up and was practically moving in!
To cut a long story short, I phoned to ask why the rent wasn't paid. The letting agent had signed up for the tenant to pay the rent to them and then for them to forward it to me. I was surprised at this. I've used the same agent previously and they've always set up standing orders to come directly to me.
They've now informed me that the rent is late because the tenant hasn't paid.
I tried to called the tenant's mobile but it's unavailable. I've emailed but got no response.
The rent is now ten days late. not much but I sense there's trouble.
I phoned the other number on the contact details given by the tenant when she initally moved in. It was a friend of hers who said that due to a crisis she has gone abroad for an indefinite period.
Then I phoned another resident in the block where the flat is. He said that in addition to the tenant, there are two other girls living in my flat, presumably subletting. I have no idea who these people are.
Any thoughts? Advice?
My boyfriend is currently unemployed and I am doing temping so to have unpaid rent for a month is bad enough. The thought of months of trying to evict them, with the legitimate tenant abroad and two unknown people in my flat is just horrendous......
And I thought going through the letting agent would be easier. Doh!
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Comments

  • chriz1000
    chriz1000 Posts: 457 Forumite
    Are you part or full management?
    The letting agents should certainly be advising you of what action to take next.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    JennyP wrote: »
    I try to be a nice landlord but I think that I'm just getting taken advantage of.
    Got totally overcharged by my letting agents - they added on loads of hidden extras that I wasn't informed about when I initially enquired. Of course, they claimed that they sent me their terms and conditions but I didn't receive these until the tenant had already signed up and was practically moving in!
    You *will* get taken advantage of if you don’t read the Ts&Cs of anything before you sign on the dotted line. Don’t rely on other people to do what’s right by you. If you haven’t got all the documentation, and haven’t read it through don’t sign.
    JennyP wrote: »
    To cut a long story short, I phoned to ask why the rent wasn't paid. The letting agent had signed up for the tenant to pay the rent to them and then for them to forward it to me. I was surprised at this. I've used the same agent previously and they've always set up standing orders to come directly to me.

    Lots of agents do it this way, and it was likely to have been there in those Ts &Cs
    JennyP wrote: »
    They've now informed me that the rent is late because the tenant hasn't paid.
    I tried to called the tenant's mobile but it's unavailable. I've emailed but got no response.
    What action have *the agents* taken, other than informing you?
    JennyP wrote: »
    The rent is now ten days late. not much but I sense there's trouble.
    I phoned the other number on the contact details given by the tenant when she initally moved in. It was a friend of hers who said that due to a crisis she has gone abroad for an indefinite period.
    Then I phoned another resident in the block where the flat is. He said that in addition to the tenant, there are two other girls living in my flat, presumably subletting. I have no idea who these people are.
    Any thoughts? Advice?

    You or your agent could try writing first of all to the tenant in person, using recorded delivery, noting that the rent has not been paid and asking for a response and payment within 7 days.
    JennyP wrote: »
    My boyfriend is currently unemployed and I am doing temping so to have unpaid rent for a month is bad enough. The thought of months of trying to evict them, with the legitimate tenant abroad and two unknown people in my flat is just horrendous......
    And I thought going through the letting agent would be easier. Doh!
    You are paying the agents for their services - read up in your contract on what that service includes and make them work for their money. Some tenants do know how to work the system, and in these situations you will need to be on the ball. Are you a member of a local landlords’ association? Many of them are affiliated to the national landlords groups and can offer sound advice.
    See here:
    http://www.nfrl.co.uk/ here: http://www.rla.org.uk/ or here: www.landlordzone.co.uk

    If all else fails and you need to get the tenant and/or squatters out try here: http://www.landlordaction.co.uk/

    Good luck with getting things sorted out.
  • JennyP
    JennyP Posts: 1,067 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    I was an idiot to allow someone to move in without reading the Terms and Conditions. In my defense though, I'd used that agent before with no problems. They didn't slap extras on me that time.
    Anyway, main problem is what to do with the tenant and I have received conflicting advice.
    She is in China.
    What should I do?
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    go to the property and talk to whoever lives there and find out what is going on
  • JennyP
    JennyP Posts: 1,067 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    I'm doing that on Sunday. I think they may be in a bad position too - they are probably entirely ignorant of what she has done and think that they are legally living in the flat.
    I have been advised to issue a Notice to Quit. Does anyone know anything about doing that?
  • tbs624
    tbs624 Posts: 10,816 Forumite
    Jenny

    If possible take someone else with you when you go to see them but be prepared for them to not answer the door to you.

    However infuriated you are with what seems to be happening in your property, you need to be able to show that you, as landlord, have acted reasonably. My suggestions is that you write to the tenant, asking for payment of the outstanding rent within 7 days (hand deliver it, with a witness, or send it by RD ) reminding her that failing to pay the rent on time may result in her being given notice to quit. If she's still away then of course you will get no response, and you then take your next step.

    There are specific rules about abandonment of a tenancy, and how to deal with it, but you have to follow set procedures.

    On the subject of the girls who may be living there at the moment, you are assuming that your tenant has sublet but AFAIAA until it's been shown that your tenant has abandoned the property you can't prevent tenants from having friends to stay unless there are building-specific occupancy clauses in your agreement ( and yes, that's upsetting when you aren't being paid)

    You really need to get some legal advice before serving Notice - do it incorrectly and you''ll only delay things.
  • martinman3
    martinman3 Posts: 727 Forumite
    Did the agents not issue a Section 21 notice at the start of the tenancy ?
    If they had done it would have made your life a lot easier if the rent remained unpaid for long.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    A S21 Notice will *not* help you regain possession during the first six months of the tenancy.

    However, my understanding is that having served one (which needs to be correctly written and correctly dated) it can form the basis on which to initiate repossession proceedings after expiry of the Fixed Term.

    The Housing Acts lay out specific grounds for repossession of property by the Landlord - mandatory ones (Grounds 1-8) and those that are at the discretion of the court (Grounds 9 -17). This is not one to DIY unless you know what you are doing
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    you can issue a section 8 at any time after teh rent is two months in arrears, even if it is within the first 6 months of the tenancy
  • bubbles65
    bubbles65 Posts: 166 Forumite
    Part of the Furniture Combo Breaker
    Go to your property, speak to whoever answers the door. Have a prepared list of questions to which you want satisfactory answers. Ask for a contact number for the "tenant" ,get them to ring her while you are there,take phone from them speak to her yourself.ANY WHIFF of B******T, treat them as squatters....bend the law,it is not the time to be soft!! Inform the agency that you hold them responsible. OR ....ask if tenancy can be transferrred to current occupants..if they are genuine they wont have any objections, they will want to do the right thing.
    Banks - If they sold cars the wheels would come as 'extras':mad:
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