Tennant over a week late moving out

What do you mean the letting agent let her get into £2K of arrears? Your agent only works on your behalf/ instruction, you cannot delegate all your your rights and responsibilities to them. Why have you only found out today the tenant has not vacated? Do you have another tenant lined up to move in? Are you a member of a landlord's association?

Did the agent serve an S21 at the outset of the tenancy (effectively serving 2 months to end the tenancy upfront, to save this time at the end if court becomes the next step?

skint-student-nurse wrote: »

im not sure if a S21 was served,even though i did push for it due to the arrears. i have since found out that my partner didnt request references as it turns out it is someone he went to school with.

i am at my wits end with this and my OH is being too niaeve and just yells at the suggestions that we should take.

Who did you push for the S.21 to be served?

I note that at the bottom of your post are the words "Mummy says, if you don't ask, you don't get" I think you should live by your motto and get this issue sorted once and for all.

If it were my tenant, and who knows one day it might be, I would be pressing my letting agent (to whom I pay a juicy monthly fee) to get the ball rolling and not waste any more time.

We can't really advise you about some of this since it is simply a relationship problem with your OH who isn't being businesslike about the property (being a landlord is a business and clearly he doesn't have the appetite for it).

However, the best notice to serve for arrears is an S8 (to be served the day after the second month's rent has been missed) with a belt and braces approach of serving an S21, too, in case the tenant frustrates the court case for possession by arrears through paying the arrears off to less than 2 months. Basically, a judge must award possession back to the landlord if at the time of serving the S8 and at the court date, the tenant owes 2+ months arrears, it's mandatory. Obviously your tenants arrears are less now so the S8 isn't the most appropriate now.

Has your agent been asked to supply a reference to the tenant's next landlord? Most landlords require references and most landlords, upon hearing that a tenant has a history of arrears, will avoid giving them a tenancy (hence why some landlords fib to get bad ones out of their properties and in someone else's). She may not even have found onward accommodation if her credit record is poor or she cannot afford the next deposit and first month's rent.

Did your agent undertake credit checks and take up employer and landlord references? Why did your tenant get into arrears? Are they working or are on LHA (housing benefit)? Do they have a fixed term tenancy (if so when does it end) or is it a periodic one, running month month?

The landlordzone website has information on how to find a good agent who are supposed to make life easier for the landlord, not harder.

http://www.landlordzone.co.uk/agents.htm

Act now - get that S21 out rather than defer it again. I've not used their services but if you don't trust yourself or the agent to get the ball rolling, the Landlord Action organisation appears to be very effective and experienced and do this on a fixed fee basis.

I'm still a bit baffled - though LHA is paid in arrears, a tenant is usually obliged to pay in advance - the fact that they receive LHA differently from their contractual obligations is for them to resolve. Also, when tenants on LHA are in arrears (think its 8 weeks or 2 months), the landlord can apply to the local council to be paid directly. Nobody usually hands over the keys before the 1st month rent is paid.

Perhaps she's reluctant to move in with her boyfriend because of relationship issues or because her means tested benefits will be affected because of his income?

All tenants need to be screened! Most landlords and their agents require the tenant to complete a tenancy application form and then check the information that is given. Otherwise a landlord will get lumbered with a tenant who has a history of debt, or trashing properties, of doing flits or being evicted. Your agent and your OH haven't even done the basics - she must have been rubbing her hands with glee.

I don't think your OH is cut out for letting property.