tenant defaults

soolin

My OH recently ventured into the letting market. He inherited a house in an area of depressed sale prices but high rental prices and so while he decided what to do he let the house on a one year contract through a letting agency.

The agency are friendly, but I don't think they are very good, we've had to chase them for everything and we had already decided that after the year was up the house would be done up and sold.

HOwever, 5 months into the let the tenant stopped paying rent. OH chased up letting agency who chased up tenant who won't talk to them. We have pushed the letting agency to get some info and they phoned a couple of weeks back and said they believe the tenant is now out of work. Another rent payment was due last week and that also remains unpaid so OH is insisting that letting agency put plans in action to evict the tenant.

Letting agnecy have told us that they need to formally ask for payment now, and after a set period of time can then get papers served for eviction and this can take up to 14 weeks.

My question is has anyone else had experience of non paying tenants and is there anything we should be doing while we wait for the agency to proceed. Also, is there anything else we need to be aware of?

Soo

BobProperty

Give the tenant 2 months notice to quit. It's a section 21 notice I think but you need the right one for the situation. You can also serve a notice to quit on the ground that 2 month's rent hasn't been paid, but the section 21 is as good as far as timescales, and can't be delayed by part payment of arrears. Lettings agent "formally asking for payment" is only needed if you are going to take the tenant to court for the money I think.
14 weeks - probably about right, maybe a bit fast.
non-paying tenants - more than I'd like. Do go by the rules. Harrassment of tenants is an offence, and you'd be surprised how little constitutes harrassment. Check out some landlord forums like RLA, landlordzone?, landlordlaw? (sorry can't remember their url's). Try a search on here, links will have been put on here before.

black-saturn

Even if you take them to court though it still doesnt mean they have to leave. You cant physically throw them on the street so if they wont go you will probably need to take them to court again. A tenant wont usually leave unless they have somewhere else to go so unless the council house them or they find another landlord (unlikely if they have arrears) you may be stuck with them for a while.

Also if you intend to evict them do not take any money from them after the court case. If you take money from them the courts will see this as you being happy for them to remain in the property and will count as being a new Assured Shorthold Tenancy.