Rent & key problems with student tenants

redkitty_3

Hi all. I've let my house out to a group of 3 students for the current academic year but this month only one of them has paid full rent. All parents signed guarantor letters, but they are just as bad. One dad said he would pay but I have received nothing and the other mum answered my call to find out their daughter owed rent but then ignored all my calls for a whole week!

That was until I decided to send both parents notice for their daughters to leave the property. Then mum couldn't stop calling and said she will pay her daughter's rent on the 25th of this month and will make sure it's paid on time each month. I have heard nothing from the other girl's dad!

However, I visited the property today (for updated gas safety check) and there is obviously someone living in the room which I am expecting rent for on the 25th. It is not the girl I let the room to as she isn't in the country until next week! Plus they left the back door open (clever) and the place is a filth-pit, white dust everywhere and the carpet is disgusting. Plus they had been left a royal mail signed for delivery note, so they've obviously been living there for some time!

My questions are: can I legally serve notice to a group of 3 students if they've signed a joint tenancy agreement and one/two of them default on rent and are they allowed to give their keys to other people to live in the property, having paid rent or not?? I've contacted the student accomodation office who have said they'll call back but who knows what they'll say to a landlord.

Stressed!! :mad:

Jowo_2

Did you protect their deposit in a TDS if the deposit should be protected? Do you have a signed inventory? Did you give notice and receive consent for your inspection of the property? When does the fixed term contract end? Did you credit check the parents to ensure they could even afford to pay should their children default and were the parents given a copy of the AST? What does your AST say about subletting and assigning the tenancy.

Tenants are entitled to have guests. It is difficult to evict tenants before the end of the fixed term unless there are 2 months rent owed (if paid monthly) at the time of serving the S21 notice and at the court case for possession itself.

Your contract is with the students directly - a contract you hold directly with them - and is not the responsibility of the University to deal with.

You should desist from contacting the parents or tenants by phone and correspond in writing, diplomatically but firm, keeping copies.

Your tenants are jointly and severally liable - from a legal perspective it is irrelevant who is responsible for the arrears. You should notify the paying tenants and their guarantor of the arrears accrued to date by their joint tenants because though it makes sense to pursue the non-paying tenants, all are responsible.

http://www.landlordzone.co.uk/rent-arrears.htm

http://www.landlordzone.co.uk/notice_to_quit.htm

http://www.landlordzone.co.uk/guarantors.htm

http://www.landlordzone.co.uk/tenant_screening.htm

princeofpounds

My questions are: can I legally serve notice to a group of 3 students if they've signed a joint tenancy agreement and one/two of them default on rent and are they allowed to give their keys to other people to live in the property, having paid rent or not?? I've contacted the student accomodation office who have said they'll call back but who knows what they'll say to a landlord.

Post this on landlordzone forums and they will tell you exactly which grounds to serve notice on.

I assume you are withing 6 months of initial letting, so you cannot try a Section 21 claim (though you can serve a section 21 notice anytime but it doesn't work until after the fixed term period or a minimum 6 months).

You can try a section 8 once there is 2 months rent overdue. You can chase ANY tenant or guarantor (if they agreed to guarantee the whole joint tenancy as they hopefully did) for the missing rent and any costs to rectify the place above deposit. You can also try a Section 8 on grounds of breaching the agreement by subletting (though they will probably claim the stranger is just a guest), for persistent lateness in rent below 2 months overdue, and for various other minor violations, but this would be at a judge's discretion unlike a section 21. LLZ will give you all this in detail.

As an interim step, suggest you send a letter detailing your grievances to all tenants and all guarantors, with a section 21 appropriately dated, indicating their joint responsibility for all damages and rent arrears. State that you will be conducting an inspection in x days and unless steps x, y and z are implemented (occupier leaving, flat cleaned, rent paid etc.) then you will also use a section 8 notice to get them out at the earliest possible opportunity and come after them all for whatever you are due.

If they rectify the situation quick, you can decide whether to give them a second chance or not, or use the section 21 to get them out ASAP. If things do not improve, then soon enough the Section 8 will have enough grounds and you can go that route.

Hopefully you have protected deposit and have a good inventory, probably if you are conscientious on gas checks.

PasturesNew

Further details are needed, but you can't turf them out and there might be a number of laws you are breaking yourself.

What Jowo says is correct.

Maybe they don't have the money yet - there's been a problem with the student loans system across the country.

redkitty_3

Thanks for all your advice.

Firstly, I have done everything correctly and in accordance with procedures (signed inventory, deposit, photos, etc). The only thing I failed to do was credit check the parents (really did not think of this after receiving guarantor letters). The contract expires on 30th June 2010 and we're only a few months into the letting. They are not yet two months in arrears so I guess I can't serve notice yet.

The 'guest' issue is understandable, I was a student myself and we did have guests. But they didn't get mail delivered and do laundry, etc. Basically it's obvious this girl has been staying for a while, she's made herself at home in this other room. It's just irritating if the rent hasn't been paid. I did actually see her in the property on the 20th August, she was in when I arrived to do some diy and was shocked to see me. I don't think she's left since then. I do have a clause that bars subletting, but like you say, they will hardly admit to charging her rent. Also are the bills being paid while this girl is in the house? I doubt it.

Prince - thanks very much for your post especially, I think I do need to liaise with all parents and be firm. I have just sent this girl's mum an email telling her there is someone living in her daughter's room and I'm seeking advice.

Ugh, the stress of all this just isn't worth it.

featherstick

Sorry to hear about that.

No one explains the potential hassle you have to go through when you buy to let do they!

PasturesNew

redkitty wrote: »

she was in when I arrived to do some diy and was shocked to see me.

Had you given notice in writing and got the "OK" for this DIY work?

redkitty wrote: »

I do have a clause that bars subletting, but like you say, they will hardly admit to charging her rent.

This is a grey area that I won't go into, but maybe the OFT Guidelines would say this was OK to do.

redkitty wrote: »

Also are the bills being paid while this girl is in the house? I doubt it.

It's none of your business though is it. That's their business. They are responsible for the bills, not you.

redkitty wrote: »

Prince - thanks very much for your post especially, I think I do need to liaise with all parents and be firm. I have just sent this girl's mum an email telling her there is someone living in her daughter's room and I'm seeking advice.

Ugh, the stress of all this just isn't worth it.

More details are needed, but it seems you are overstepping the mark of what a landlord does and how they should behave.

Jowo_2

Make sure all your dealings with them throughout the tenancy is businesslike and professional, including gaining their consent before entering the property and so forth, and stick to communication through writing - brief factual polite letters - keeping copies. For example, Dear Tenant/Parent, this letter is to let you know that as of x date, there is £x rent arrears'

Read the section on harassment and the severe penalties for it to understand why you have to exercise restraint in these frustrating circumstances.

Did you set up a standing order with the tenants ensuring that you received this document at the outset of the tenancy along with the deposit and first months rent? Many landlords insist the tenant gives them this document and forwards it to their bank themselves, that way there is more assurance that the SO has been set up rather than just hoping that the tenant has organised this with their bank directly.

http://www.landlordzone.co.uk/standing-order.htm

Troubled_Joe

featherstick wrote: »

Sorry to hear about that.

No one explains the potential hassle you have to go through when you buy to let do they!

Who would you suggest should be responsible for providing such explanations?

featherstick

I wouldn't.

Sorry if this was taken the wrong way - it was more of a statement of sympathy to the OP.

redkitty_3

Jowo wrote: »

Make sure all your dealings with them throughout the tenancy is businesslike and professional, including gaining their consent before entering the property and so forth, and stick to communication through writing - brief factual polite letters - keeping copies. For example, Dear Tenant/Parent, this letter is to let you know that as of x date, there is £x rent arrears'

Read the section on harassment and the severe penalties for it to understand why you have to exercise restraint in these frustrating circumstances.

Did you set up a standing order with the tenants ensuring that you received this document at the outset of the tenancy along with the deposit and first months rent? Many landlords insist the tenant gives them this document and forwards it to their bank themselves, that way there is more assurance that the SO has been set up rather than just hoping that the tenant has organised this with their bank directly.

http://www.landlordzone.co.uk/standing-order.htm

Thanks Jowo. I'm annoyed here because I'm venting! But I'm always professional with them and yes, am totally aware about harassment, which is why I've not called each parent more than twice in a week.

I wasn't aware of asking for a standing order agreement upon signing a tenancy before, that's a really good idea. I have specified that a direct debit should be set up in the contract, but I've obviously learnt that not everyone is actually going to read the contract properly, let alone do what it says. I'll definitely ensure this is done next time.

In the meantime, I'll try and resolve all these issues by writing to the parents directly.