Tenants not paying rent - what are the options?

00ec25

please ignore Torby's postings they are unhelpful and, as clearly, stated an illegal course of action

angle

Torby wrote: »

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....

Torby, I actually think that's a pretty horrible thing to say to a complete stranger.
I am making a huge effort, but have no expertise in this area and do not want to do anything that the tennants could use against my mum. You mis-interpreted my comments, which is my fault due to my lack of communication skills, but to suggest that I want my mum to die so I can inherit the flat.......that's just horrible.
I merely want the situation sorted before another month goes by and my mum loses out on more money.

tbs624

Angle -don't let some posters get to you - if necessary go into your User CP and put him on" ignore".

You haven't said whether your mother has registered as a LL with the local Council, as required by law since April 2006?

The local authority *can* require a LL who lives away from the area to register someone else to act as their agent, and this is especially the case if the LL lives abroad.

If your Mum hasn't done this, she needs to do so pronto before issuing proceedings against her T in the Sheriff Court. If she fails to comply with the registration rules she can be fined £5K and be served with an RPN (rent penalty notice), meaning that she cannot lawfully collect rent until such time as she *has* registered.

tbs624

angle wrote: »

..... 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.....

You shouldn't even if you *were* the owner - see post 8 above...

Whenever anyone posts on the Board saying that they have a T who is failing to pay, someone will always pipe up " change the locks, chuck their stuff out." Any amateur LL who followed such a suggestion would be foolish - s/he could end up with a criminal conviction and face a civil law action by the T.

theartfullodger

Angle: Have you seen this

PS Sorry to hear of mum's experience...
PPS And she knows about this?? Not being registered is Criminal...
https://www.landlordregistrationscot...d=ShowHomePage

If she's not already applied for registration I STRONGLY suggest you do so ASAP (you can do it online for her). Not being registered is a criminal offence!

Cheers!

Lodger

tbs624

Calm down Artful - it's Friday night. You're not on Sauchiehall Street, so no shouting please

terryw

tbs624 wrote: »

You shouldn't even if you *were* the owner - see post 8 above...

Whenever anyone posts on the Board saying that they have a T who is failing to pay, someone will always pipe up " change the locks, chuck their stuff out." Any amateur LL who followed such a suggestion would be foolish - s/he could end up with a criminal conviction and face a civil law action by the T.

tbs is absolutely correct here. The tenant will often be entitled to legal aid or at least have the benefit of a no-win, no-fee lawyer. You are your mum do not have this. You MUST keep well within the law at all times otherwise the legal fees and possible damages can be huge.

terryw

mgardner

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....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....

OP completely ignore this useless advice and the nasty comment regarding early grave, unfortunately whilst the majority of people on here do genuinely want to help we do get TROLLS

Best of luck

sekib2003

For all those reading this tread, shocked by the attitude of of some Landlords, ............
I HAVE THE ANSWER!

I rented for years, and detested the situation in the UK and the blatent expliotation for renters.

Its simple, live in a motorhome. I do. I am not a gypsy. I work 55 hours a week in decent job and have no criminal record. I move location now and again to various laybys and quite spots in commutable distance to my work. The camper cost me £10k which I painstakingly saved whiles renting a room in a B&B (£75per week). good insulation and an Eberspacher heater ensure cosy winter nights.

My living costs are next to nothing! NOW THATS MONEY SAVING!!!

If we all did this, through "supply & demand" we could force the rental prices down. spread the word!

Fire_Fox

Why would anyone be shocked by the attitude of the landlords? The tenant is not paying and the professional landlords are advising to use the legal process to either get payment of evict the tenant. Granted Angle's suggestions were unprofessional/ illegal but she is not a landlord anyway ....