A Rant

silvercar

I got messed around by a tenant that got from bad to worse. Decembers rent was not paid (how predictable is that?) as his account had been cloned! Then he asks if I will be renewing tenancy. When I replied that it depended on rent arrears being paid, suddenly the account is restored and he can find the rent!

Unless different in Scotland, the law is that you can't evict until the 2nd unpaid rent is due ie the tenant has to have 2 months rent owing. Even if your contract says different, that would be an unfair term and a judge wouldn't evict.

You have the deposit so you could use that to pay the mortgage. There is no obligation to hold it separately, it just has to be available to return if required.

I do think it is dangerous not to have savings of your own to pay one mortgage payment, what would you do if a repair was needed?

mlz1413

I'd put a letter out to the tenant saying that you wish to do an inspection, give a weeks notice, legally you can give less, but the thought of you being at the house checking everything is in order may give the tenant the incentive to pay up before you get there and it's a good excuse to say you can collect the promised payment in cash whilst there to inspect if still not paid.

If the promised money has not turned up by the time the next rent is due get tough, its pointless letting someone live there rent free just because they might be able to get a mortgage in the future. Although I totally agree it sounded like an ideal situation when you let her rent.

tbs624

silvercar wrote: »

....Unless different in Scotland, the law is that you can't evict until the 2nd unpaid rent is due ie the tenant has to have 2 months rent owing. Even if your contract says different, that would be an unfair term and a judge wouldn't evict...

It's under the Housing (Scotland) Act 1988 - S19 refers to two months' notice or 2 weeks' notice to the T that the LL intends to seek a repossesion order via the Sheriff Court. The Grounds relating to unpaid rent under Schedule 5 come under the 2 week notice: Ground 8 (three month's rent unpaid & remaining unpaid at the date of the hearing)with possession likely to be granted, Ground 11 (T persistently delayed paying rent , whether or not in arrears at hearing date) or Ground 12 ( some rent lawfully due and unpaid at time of issue of notice of proceedings), under which a repossession order *could* be granted at the discretion of the Sherriff Court. Clarification of this should be sought locally : the OP seems to have a solicitor in tow.

Fingers Crossed -write formally to your tenant & hand deliver the letter, keeping a copy. List out what has been paid to date, what is outstanding, list the attempts made so far to get resolve, but keep to the facts only (no emotion!). Say that you will give her a maximum of 7 days to bring things up to date and that all future payments have to made on time under the terms of the tenancy agreement. I would not call round to the property in [person at this stage - if you do have a wily tenant the next shout may well be the big H word (harassment).

If you haven't already done so join up to the Scottish LL Association or to a local one - membership can be set against rental income for tax purposes , you'll get discounts on LL insurances etc and they can give you valuable guidance on how to deal with these sorts of issues.

Robert_Sterling_3

FingersCrossed wrote: »

Did get a buyer but he pulled out day keys were due to exchange

Did you or did you not have an agreed date for completion?

FingersCrossed_2

Thanks for all the responses and advice.

Some money has come in this afternoon via an account to account transfer. This is after her saying she made a cash payment over the counter. Not complaining though - just glad something came in. Hopefully the rest will arrive Monday/Tuesday as promised and we can start again next month.

I do have enough to pay the mortgage regardless and i'm going to put away a chunk of the rent every month to cover eventualities. Although if I have to pay the mortgage without rent it does mean my poor long suffering OH has to pay for everything else in our own home. He's been doing this for the last year and a half hence why rent was going to be such a help.

I've kept a note of everything that happened this month and asked the solicitor to update it on my file. If there are any further problems I will have exact details.

I live quite far away from my old house which is tricky for visits etc. However, estate agent was in last week and said all looks well.

Robert-Sterling There was a date for completion. This went by with no money coming in and keys not being collected. Solicitor contacted other party solicitor and they asked for an extension. 2nd date for completion came along and nothing again. After some chasing they gave the excuse that they hadn't been able to get a mortgage. This was after signing the missives! They then disappeared and we have been unable to trace him. Frustrating in so many ways - not least that he was going to buy the house for 22k more than it is on the market for now (due to market).