sitting tenant

funky-footprints

sorry if this is in the wrong forum, I have searched about looking for a similar thread, but found nothing.

We have a sitting tenant, she has got a part time job and cancelled the DSS payments, and now hasnt paid in about 6 months. This is realy the last thing we need at the minute as cash flow is extremely tight. We dont have a mortgage on the flat, but relied on the extra cash coming in. We have been nice and even nicer and now I guess are faced with the court thing, which to be honest we cant afford. She knows we cant get heavy and throw her out, and now refuses to answer her mobile. she changed her number a couple of months back, but her mum actually rang my husband and gave us her new number. The mum was paying rent to start as her daughter is an alcoholic and she doesnt want her back home with her, but the mum is now refusing to. can anyone advise ?

Natelle_2

What type of tenancy is it?

This might be a starting point for information http://www.odpm.gov.uk/stellent/groups/odpm_housing/documents/divisionhomepage/036725.hcsp
This is also an option http://www.landlordaction.co.uk/

theGrinch

can you get the utilities cut off? or even move a tenant in with a loud ghettoblaster? This has worked many times before but that was the 1960s and 1970s.

I do feel for you as in 2002 I had to go to court and call in baliffs to remove squattors. I just wished I could have sent over some bulky men to make them think again, but I could not and it cost be 4 months lost rent plus fees of £1,500.

Innys

I'm sorry to say, what you describe is one of the "occupational hazards" of letting properties.

I'm pretty sure you cannot get the utilities cut off - it's illegal and you would get charged if you did do this.

All you can do is try and sweet talk her into paying up or moving. The laternative is taking her to Court which, while it will cost you money, should, ultimately, result in getting possession back of the property. That, in the long term, is what you want.

I think you may have to write off the money she owes you - you're unlikely to see it again.

The golden rules I use when letting out are;

1) No DSS tenants (not politically correct, but it works)
2) Go through and agent who gets references
3) Get the tenant to sign an assured shorthold tenancy agreement. this isn't watertight, but offers you some protection
4) Keep the tenant happy and try to meet their wishes - without being taken for a ride - very difficult to get this balance right
5) Only let to professionals
6) Meet the tenants before you hand over the keys.

crispeater

i had a simular problem but i actually wanted to sell the property but the tenant throught differently.
it cost me quite a bit to get him evicted through the courts and the git kept applying to the court for an extension too which he didnt get as i said he was giving me high blood pressure in my pregnancy lol

anyway i know its expensive to take your tenant to court but you might have to do just so you can get your property back and then maybe when you rent it out again, increase the rent a bit just to cover your costs??

goodluck

GDB2222

I have recently had to get a court order, and the cost for the solicitor was £300 plus court fee of around £50. You will just have to do this. With this level of arrears, possession order is automatic, but takes 2 months or so. May need bailiffs as well, cost £90 and possible further 6 weeks delay.

The sooner you do this, the sooner you will get your flat back and can start renting it again. It's outrageous that it takes this long, but there you go. As Grinch says, it's an occupational hazard.

bobmccluckie

You've got to go through the courts and every day you delay is a day longer in getting the parasite out.
Good luck.
In future use assured shorthold tenancies only and insisit on at least 2 months rent as deposit. Then issue notice on the first month's default of rental.
Furthermore when it gets to court you want the tenant out to move in yourself. Remember that.

Bob

Robert_Sterling_3

That sounds like good advice to me.
The OP can learn from his mistake.
Happy is the man who learns from other peoples mistakes.

magnaproperty

Very interested to read your post. We are a specialist investment company with a portfolio of properties let to protected tenants throughout the country.

If your tenant is protected under the rent act of 1977, they are nearly always impossible to evict. We have had experience of tenants falling in to serious arrears and when we have persued them via the courts, the tenant has always been given the opportunity to pay back the arrears at a paultry sum each week. The courts are very reluctant to give possession because of the status of the tenant. This of course is exceptional. If your tenant took the property on an Assured Shorthold Tenancy (AST), you would have the right to possession and a claim for the arrears

We would be delighted to discuss your circumstances with a view to purchasing the property. We will undertake a free valuation and offer a quick completion, usually within 14 days, with your legal fees paid in full. Many landlords like you are turning to us to releive them of their burden. With little chance of vacant possession, the possibility of successive rights and low rental income, you may find that your capital may be better invested elsewhere. Please contact us on *******and ask for a member of the investment team and remember, you are under no obligation - thank you **********


****** sorry Telephone number and email address are not permitted in the thread therefore removed by board guide******

Also whilst the first part of your reply offered some good information, the second part is more of an offer of business, and as such should only be offered on the referrers section of the forum.

please feel free to contact me via pm should you require any information on this.

Thanks

m00nie (board guide)

GDB2222

I know the OP said 'sitting tenant' which generally is taken to mean a protected tenant. However, I would assume that this tenancy started fairly recently, in which case it would almost certainly be an AST.

funky-footprints

thanks for all the replies, for some reason I have been unable to log onto the forums since my original post, so this is the first time I have read them all. My husband is going through with the court route, last time we threatened this the mother paid up all the back rent and 1 month in advance, however on this threat nothing has arrived apart from a grovelling phone call from the mother saying she would see what she could do .... so we realy will have to proceed this time. thanks again.