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Tenant has broken TA- moved out and owes rent and keys!
Macca29_2
Posts: 3 Newbie
I wanted to get some advice on an issue with my tenant.
The tenant signed up to a 12 month contract in February 09, paid the first months rent and the deposit no problem. Since then the rent has not been paid on time, and I am still owed for part of May's rent and all of June's.
Every month I have to call the tenant to chase the rent and she always tells me she is struggling as her business (beauty salon) is taking a hit in the current poor market. She advised she has made an application to the Housing Association back in April so I aksed her to keep me in the loop and let me know how things are going.
When June’s rent was late (and May still not paid in full), I tried to get hold of the tenant, but she would not answer her phone and I understand has now get a new mobile number. I decided to call the Housing Association and was told te application wa sonly made in late May. When I tracked the tenant down at work, she sounded very surprised to hear from me, but excused herself as she had a client and that she would call back. That was last Friday. That evening, her 'friend' called us to advise that the tenant wanted to pay up and move out but when we advised him of the legal obligations, he said he would discuss this with the tenant and we would speak again after the weekend. According to our contract, there is no break in the contract or option to reduce the tenancy term so she is unable to do this legally.
We have called every day now since Monday (the agreed date) and cannot get through. We have also been calling the tenants place of work all week and been told she has actually left (she worked in a beauty salon, although we were told at the time of signing the agreements that she owned the business?).
As I live abroad, I asked a family member to knock on the door and see if anyone was in. No one answered and it appears that the property has been vacated. On speaking with the neighbours, we understand this happened on Monday/Tuesday evening. We followed the LL rules, and emailed a notification of inspection for Friday evening. Of course no one was there so I left a message with the friend (who also stopped answering his phone!) saying that the property was now empty, rent is overdue but most importantly we do not have possession of the keys.
I got a short reply back asking for an address to send the keys and a cheque for the outstanding amount. When I said I would arrange collection to save money and time, this request was ignored.
So essentially, the house has been vacated only 5 months into the tenancy and rent is outstanding and apparently the keys are in the post. If the tenants cheque does clear (very doubtful) and I do get my keys back so I can rent the house out again, I would still like to pursue her for the remainder of the rent.
Is anyone able to advise what the next steps should be to make sure that I am doing everything legally… as the tenant is still not quite 8 weeks late with rent, I am unable to issue a S8 and with the tenancy end date not being for another 7 months can also not issue a S21. So what sort of letter will I need to send to advise her that I will be taking her to Court should she not pay the rent/be reasonable about a compromise? Is it a letter of intent?
I am not doing this to be spiteful at all, especially as this is costing me every time I try to call/send a letter etc. I am just very frustrated with the fact she has been so immature about this and not even advising me that she has left the property unoccupied. I am not even sure when she was planning to return the keys! Who would have thought a respectable ‘business owner’ 37 year old single mother would be so irresponsible and unprofessional as to not even communicate anything with me, even when I made it clear I understood her situation.
Does anyone have any ideas? Thanks!
The tenant signed up to a 12 month contract in February 09, paid the first months rent and the deposit no problem. Since then the rent has not been paid on time, and I am still owed for part of May's rent and all of June's.
Every month I have to call the tenant to chase the rent and she always tells me she is struggling as her business (beauty salon) is taking a hit in the current poor market. She advised she has made an application to the Housing Association back in April so I aksed her to keep me in the loop and let me know how things are going.
When June’s rent was late (and May still not paid in full), I tried to get hold of the tenant, but she would not answer her phone and I understand has now get a new mobile number. I decided to call the Housing Association and was told te application wa sonly made in late May. When I tracked the tenant down at work, she sounded very surprised to hear from me, but excused herself as she had a client and that she would call back. That was last Friday. That evening, her 'friend' called us to advise that the tenant wanted to pay up and move out but when we advised him of the legal obligations, he said he would discuss this with the tenant and we would speak again after the weekend. According to our contract, there is no break in the contract or option to reduce the tenancy term so she is unable to do this legally.
We have called every day now since Monday (the agreed date) and cannot get through. We have also been calling the tenants place of work all week and been told she has actually left (she worked in a beauty salon, although we were told at the time of signing the agreements that she owned the business?).
As I live abroad, I asked a family member to knock on the door and see if anyone was in. No one answered and it appears that the property has been vacated. On speaking with the neighbours, we understand this happened on Monday/Tuesday evening. We followed the LL rules, and emailed a notification of inspection for Friday evening. Of course no one was there so I left a message with the friend (who also stopped answering his phone!) saying that the property was now empty, rent is overdue but most importantly we do not have possession of the keys.
I got a short reply back asking for an address to send the keys and a cheque for the outstanding amount. When I said I would arrange collection to save money and time, this request was ignored.
So essentially, the house has been vacated only 5 months into the tenancy and rent is outstanding and apparently the keys are in the post. If the tenants cheque does clear (very doubtful) and I do get my keys back so I can rent the house out again, I would still like to pursue her for the remainder of the rent.
Is anyone able to advise what the next steps should be to make sure that I am doing everything legally… as the tenant is still not quite 8 weeks late with rent, I am unable to issue a S8 and with the tenancy end date not being for another 7 months can also not issue a S21. So what sort of letter will I need to send to advise her that I will be taking her to Court should she not pay the rent/be reasonable about a compromise? Is it a letter of intent?
I am not doing this to be spiteful at all, especially as this is costing me every time I try to call/send a letter etc. I am just very frustrated with the fact she has been so immature about this and not even advising me that she has left the property unoccupied. I am not even sure when she was planning to return the keys! Who would have thought a respectable ‘business owner’ 37 year old single mother would be so irresponsible and unprofessional as to not even communicate anything with me, even when I made it clear I understood her situation.
Does anyone have any ideas? Thanks!
0
Comments
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If tenant has vacated property, and its not been trashed I would advise forget about pursuing her for money owed ( i guess she owes in region of £700) put it down to experience move on, relet property this time getting sightings of some form of ID's, get a guarantor as well. Your lucky she just didnt stay there not paying any rent at all forcing you to evict her, 1 of the joy's of being a LL. LOLANURADHA KOIRALA ??? go on throw it in google.0
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I think that you are better off moving on, like mchale says. Its rubbish what she has done. I would look at it like she has move out and you are better off with out that kind of tennant and now hopefully you can get someone to rent your property who will pay the rent. Think of it that its better to get someone else then have her in your property for another 7 months with her not paying the rent.Married 09/09/090
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Just make sure you change the locks if you rent it out to others. Did she pay a deposit? If so that's some of the money she owes in rent right there.
Hope it all works out.0 -
It is so bloody annoying that people can behave like this, Im sorry for your troubles. Whilst it must be highly tempting to chase this debt just for the sheer hell of giving this person as much stress as they have given you - in the long run re-renting as soon as possible is probably the best option in terms of income and keeping your property safely occupied.
Change the locks as soon as you are able, as mchale says get a guarantor next time and goodluck with your next tentant.0 -
As I live abroad, I asked a family member to knock on the door and see if anyone was in. No one answered and it appears that the property has been vacated. On speaking with the neighbours, we understand this happened on Monday/Tuesday evening. We followed the LL rules, and emailed a notification of inspection for Friday evening. Of course no one was there so I left a message with the friend (who also stopped answering his phone!) saying that the property was now empty, rent is overdue but most importantly we do not have possession of the keys.
Did you supply her with a servable address for court notices in the UK, if she seeks advice and you didn't - she'll pretty soon find out no rent would legally payable if an omission there.....
You can generally pursue a tenant through the courts for outstanding rent but if they don't have the money it can be a waste of fees and a court could award them to pay it back at £2 a week....0 -
mchale saidI would advise forget about pursuing her for money owed
Conversely, I would always advise taking action: Word gets around if the Landlord lets people rip them off & then does nothing... and guess who then wants to be your tenant??
Cheers!
Lodger0 -
I wondered if you were aware that contacting her at work could be argued to be harrassment under the Administration of Justice Act 1970?
Just wanted to make you aware so you are acting properly in your actions...It's getting harder & harder to keep the government in the manner to which they have become accustomed.0
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