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Help tenant being awkward paying

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  • sooz
    sooz Posts: 4,560 Forumite
    kazbabe wrote: »
    I got part payment of the arrears. but once again im getting those stories again. I have written to her as a reminder letter for the arrears but had no communication from her at all.
    I have now sent a final reminder letter giving her 7 days for sort this matter out then monday she will be receiving a notice to quit.

    Can anybody tell me what date I should put on there for them to leave as their fixed term contract run out and we havent renewed it due to this continuous problem? It depends on the start date of your contract. Also depends on the rental periods in your contract. Have you joined a LL's association as clutton suggested above? They can talk you through the whole process

    I did have contact with the son and he dealt with the matter the first time but this second time they have made no communication. I have done everythng by letter but they are not replying in any shape or form!!!

    Yes i am an amatuer landlord, but i have just one property that was my ex marital home which was going to be an investment for my 2 children out of that marriage.
    that's no excuse. Join a LL's association & make an effort to become more professional.
  • kazbabe
    kazbabe Posts: 49 Forumite
    i have joined the landlordexpert and have emailed them to see what they say.

    the contract started on 1st november 2008. the rent is due on 1st of every month.
  • N79
    N79 Posts: 2,615 Forumite
    Who or what are the landlordexpert?

    I would strongly advise that you join a LL's association, either the National Landlords Association or the Residential Landlords Association or a local affiliate of one of these two.

    Also, the rent due date is irrelevent when calculating S21 dates - see my above post for the important dates you need.
  • sooz
    sooz Posts: 4,560 Forumite
    Are you in England or Wales? If so, suggest you join either the NLA or the RLA.
    Did you take a deposit? Did you protect it? Did you provide the tenants with the correct prescribed information?

    If not, you need to sort these issues out first, before you can issue a valid section 21
  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    edited 20 August 2009 at 11:32AM
    This is important - apologies if I've missed it in the thread as I've just skimmed it - did you need to protect their deposit in a Tenancy Deposit scheme and if so, did you do this?

    http://www.direct.gov.uk/en/TenancyDeposit/index.htm

    If you don't have the appetite for the paperwork, then use Landlord Action, who have modest fees compared to solicitors.

    Here is some background info to the document


    http://www.landlordzone.co.uk/section-21-notices.htm
    http://www.landlordzone.co.uk/FAQ/index.php?sid=22864&lang=en&action=artikel&cat=2&id=30&artlang=en
  • kazbabe
    kazbabe Posts: 49 Forumite
    the contract start on 1st november 2008, it was AST and was for 6 months ending 30th april 2009. we have not written any further contract.
    what do you mean by rental period??
  • N79
    N79 Posts: 2,615 Forumite
    kazbabe wrote: »
    what do you mean by rental period??

    Please accept this a constructive advice - if you are a LL and can not answer this question then get down to a library and borrow a simple book introducing your to LL and T law. This is a fundamental point to all tenancies let under English law - not just ASTs.
  • hells_2
    hells_2 Posts: 297 Forumite
    kazbabe wrote: »
    Thank you all for your advise.

    I am trying to get in touch with the tenant to have a face to face conversation and she makes arrangements and then breaks them every time it gets close to it. My husband has even popped round there on the off chance someone is home and no one answers the door.
    I understand that she should have quiet enjoyment, but how else am i suppose to contact the tenant if she wont reply to anything. We dont bother her at any other time, unless she rings for something which she never does. The heating had gone wrong in the property but she left it for 3 weeks until the next lot of rent was due and we contacted her to go and collect it!!!!!
    The son is named on the tenancy agreement as he is 19 yrs old. I do believe he doesn't know. As before when she was short the other month she told me he knows nothing about it.
    She gets paid monthly as I know she works for the government in the CSA. Although she pays me cash because she says its easier and she is unable to do direct debits or standing orders!!!
    I do have a small back up but i do not want to touch this unless i really really have to.


    Speaking as both a landlord AND a tenant...I think you're being extremely naive here.

    You are being taken for one big fat ride by this tenant....issue the S8/S21 notices, evict, and get a tenant who will pay the rent, every month, by standing order. One that comes with references and a credit check.
    Although it might sound expensive, I think you should also appoint a managing agent in future, to collect your rent and pass the payments on to you via bank transfer, to deal with tenant queries (I had one the other day via agent..."the tenant says the broadband isn't working....:rotfl::rotfl:oh how I tittered when I reminded them that I don't recall offering a flippin internet service with the house....)

    All of the hassle is taken away for around 10%+VAT of your monthly rent. I think this may be the best course of action for you.
    And please, stop attending the house. Just follow the legal procedures that are there otherwise you may find yourself on a harrassment charge from your tenant! ££££££'s going to court.
  • kazbabe
    kazbabe Posts: 49 Forumite
    The rental period is monthly. Sorry at the time I couldn't think!!
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