Tenants not paying rent - what are the options?

angle

Hi,

My mum rents out a flat to 2 tenants (a mother and grown-up son) in Scotland. Everything was going fine and they seemed like nice people, but recently have stopped paying rent. It has now been 3 months and every time they have been contacted they come up with another excuse. They are always very affable and promise that they are about to pay it, but it never arrives. My mum lives abroad so it's very hard for her to go round to the flat and I refuse to get involved as I am not the landlord, but I am trying to help my mum if possible. Every time I hear from my mum she mentions this situation and I'm just sick of hearing about it!
Just after Easter she wrote to them stating that if the rent was not paid (within a week I think) then she would be forced to take further action. Unfortunately there is still no rent, but also my mum has yet to take action.
Does anyone know what my mum's options are?
Many thanks.

corazon

Your mum should first write to the tenants detailing the late payments and asking them to pay within 7 days. She could then service notice to quit due to non-payment of rent or she could give them 2 months notice that she wants the property back and then try to recover the rent. The national landlords association are very helpful and informative though it costs about 60 quid a year to join. Don't know what free info there is but all the forms and letters are available once you've enrolled. I think the first thing she should do is get that letter off, registered post or delivered by hand.

theartfullodger

As it is Scotland don't go with NLA but SAL at..
http://www.scottishlandlords.com/

NLA forms will be wrong for the Scottish legal system & the Sheriff will dismiss any case brought with English paperwork.

Cheers!

Lodger..

PS Sorry to hear of mum's experience...
PPS And she knows about this?? Not being registered is Criminal...
https://www.landlordregistrationscotland.gov.uk/Pages/Process.aspx?Command=ShowHomePage

angle

Thanks for your help. I'll pass the info on to mum and try and get her to deal with it.
I don't know all the details about it as it's not my responsibility. I figured that her only options were lawyers or bailiffs.

Torby

the longer you delay before taking action...the greater the debt becomes....the longer you delay...the more power the tennants feel they hold over you.....the more you threaten....the more liklihood there is a possibility of the premises being "trashed"....if they are unemployed or in receipt of benefits....rent should be paid direct....if they are employed and working....all the more reason to get the job done quick.....if they are at work...and you have keys change the locks....if the son is bigger than you....find some bigger mates.....it sounds as if diplomacy and tact are failing....if they are in diffs they should face up to it....at least they could come to some genuine sort of arrangement....ultimately check the contract (if there is one) act immediately....and at all costs GET THEM OUT NOW...all they are doing is running up arrears...which you will never see again....and before anyone posts and says its unreasonable....ask yourself about the tennants behaviour.

to the OP...nice to know you want to help your mum...not your responsibility and all that....lucky she didn't feel that way when she gave birth....you could make a bit of an effort...or do you reckon the stress (and it will get more stressful) will put her to an early grave and you'll inherit everything ...in which case it becomes YOUR problem....

robpw2

Torby wrote: »

the longer you delay before taking action...the greater the debt becomes....the longer you delay...the more power the tennants feel they hold over you.....the more you threaten....the more liklihood there is a possibility of the premises being "trashed"....if they are unemployed or in receipt of benefits....rent should be paid direct. no it gets paid to tennant as lha ...if they are employed and working....all the more reason to get the job done quick.....if they are at work...and you have keys change the locks this would be illegal you have to follow the proper channels if the son is bigger than you....find some bigger mates...please dont do anything stupid..it sounds as if diplomacy and tact are failing....if they are in diffs they should face up to it....at least they could come to some genuine sort of arrangement....ultimately check the contract (if there is one) act immediately....and at all costs GET THEM OUT NOW.By going throught the correct channels..all they are doing is running up arrears...which you will never see again....and before anyone posts and says its unreasonable....ask yourself about the tennants behaviour.

torby i know the tennants are obviously not being fair but by breaking the law then this young lady who is NOT THE LANDLORD could find her self in serious trouble

Torby

robpw2 wrote: »

torby i know the tennants are obviously not being fair but by breaking the law then this young lady who is NOT THE LANDLORD could find her self in serious trouble

there's breaking the law...and skirting round the edge...as for the OP...perhaps then her hubby could help clear his overdraft by helping out his MIL if shes abroad....she needs someone to sort things out at this end...must be worth a few quid....shes losing at least £400 a month at the moment.....

as regards the law, there are ways and means....just search MSE and the net for all the posts about "unscrupulous" landlords etc....sort it now and forget about all the bleating heart stuff...put them on the street...time for discussion and promises are over...they've had over 3 months to come clean/sort it/give genuine reasons etc.... evict by whatever means

tbs624

Torby wrote: »

....if they are at work...and you have keys change the locks....if the son is bigger than you....find some bigger mates.....it sounds as if diplomacy and tact are failing....if they are in diffs they should face up to it....at least they could come to some genuine sort of arrangement....ultimately check the contract (if there is one) act immediately....and at all costs GET THEM OUT NOW...all they are doing is running up arrears...which you will never see again....and before anyone posts and says its unreasonable....ask yourself about the tennants behaviour...

Let's hope that the OP ignores this suggestion. In the eyes of the law the Ts behaviour will pale into insignificance if a LL behaves as you suggest.

The Rent (Scotland) Act 1984 also makes it a criminal offence for a landlord or agent or anyone else, to kick ouy a tenant unlawfully/without a court order.

droodleskins

angle wrote: »

Hi,

My mum rents out a flat to 2 tenants (a mother and grown-up son) in Scotland. Everything was going fine and they seemed like nice people, but recently have stopped paying rent. It has now been 3 months and every time they have been contacted they come up with another excuse. They are always very affable and promise that they are about to pay it, but it never arrives. My mum lives abroad so it's very hard for her to go round to the flat and I refuse to get involved as I am not the landlord, but I am trying to help my mum if possible. Every time I hear from my mum she mentions this situation and I'm just sick of hearing about it!
Just after Easter she wrote to them stating that if the rent was not paid (within a week I think) then she would be forced to take further action. Unfortunately there is still no rent, but also my mum has yet to take action.
Does anyone know what my mum's options are?
Many thanks.

I'm sorry but if it was my mum i would be doing everything i could to help as she is abroad ... not just because you are sick of hearing about it !!

Pssst

Your mum needs to act immediately. Write to them by recorded delivery detailing monies owed. set a deadline for payment.If no payment,set the wheels in motion to terminate tenancy and evict.

angle

Many thanks to all the replies and opinions.

I think that my reasons for trying to help my mum weren't explained very well - which is my fault.

I am doing everything I can think of to help my mum - because she is abroad and because I care. But, not unreasonably I think, I am getting a bit fed up of the situation. Unlike my mum I have a busy, full-time job and this situation is time-consuming. I am reluctant to get too involved because LEGALLY this situation doesn't involve me and I think that it will make it worse if I turn up at the flat. I can't go and change the locks for example as I'm not the owner.

I have a) posted on here for advice
b) registered my mum on a forum for landlords
c) spent hours on the internet researching the situation
d) gave my mum contact details for a lawyer
e) rung the tenants and spoken to them about the rent
f) sent letters re the rent
g) continuously checking my mum's post on the chance that they have finally sent a cheque
h) encouraged my mum to follow through with her threat of further action.

I am at a loss as to what else I can do to help.

When I stated it's not my responsibility I meant that I have not been envolved with the tenants in anyway up to now. I have not seen the contract so don't explicitly know what it states regarding unpaid rent etc and as previously mentioned - legally it would be unwise to get involved.
I don't want to do anything that makes my mum's situation worse.