Renting question (non paying tennant)

MissMoneypenny

The_Jobber wrote: »

Can I sell it with him inside?

Did you ask your mortgage lender for their consent to let? In other words, are they aware you don't live there anymore and have a tenant in there?

N79

MissMoneypenny wrote: »

Or without a solicitor or barrister as the tenant. Or a tenant using their Legal Cover on their house contents insurance policy.

T alone is not enough - you also need a LL willing to shoulder the costs. Even a solicitor / barrister T is likely to think twice due to the costs of testing such a point of law where there is a reasonable chance that they will lose. (Hint the costs will be tens of thousands of pounds at least). Any sensible LL will just accept the adverse lower court ruling rather than risk the money on a what is basically a roll of the die.

blckbrd

OP a guide for LLs frome the Communities website. Hopefully it will assist you in navigating your 'watery pasage' (nicely put!).

http://www.communities.gov.uk/documents/housing/pdf/138286.pdf

tbs624

Going round in circles over what you should have done, could have done, at the start won't help you clear the mess now.

Scheme register the deposit immediately, make sure you give the T a copy of the "prescribed information".

You refer to "monthly" and to "four weekly" payments? What is the rental period under the terms of your tenancy agreement? Calendar month or lunar month?

How long was the original Fixed Term tenancy agreement for? Have you and the T signed up for a further Fixed Term or are you running from one 4-week/monthly period to the next under a periodic agreement?

Your first step should be to draw up a Rent Statement, *write* to T enclosing it, and give the T 7 days in which to contact you/bring his payments up to date. Send two copies - one Rec Delivery, one by "cert of posting" mail, keep a copy for yourself.

You can send a copy of this statement ,and any response from the T, to the LHA office if you want to try getting the LHA paid direct to you.

Have a look at Tessa Shepperson's LandlordLaw site - kits available for LLs dealing with rent arrears issues. Membership fee/kit costs tax deductible ( being a member should give you discounts with some providers of LL insurance policies.)

The_Jobber

The Tenancy Agreement was for 6 months to begin with, then it just became a rolling contract.

The Agreement states that the rent will be paid weekly, I gave him a paying in book but after a while he asked to pay four weekly as that was how often HB was paid to him, so I said no problem and he then always paid 4 weekly.

Thanks for all the help so far, I will definately do as suggested.

theartfullodger

The Agreement states that the rent will be paid weekly,

- in that case I think the law requires, notwithstanding payment 4-weekly, that you keep filling in the rent book.

Any other views??

Lodger

The_Jobber

So as he's not anserwing the door or phone to me, how do I get the gas checks done?

Also, can't I just issue a new tenancy agreement as it's been ages? What if I wanted to amend the current one to say increase the rent for example?

terryw

The_Jobber wrote: »

So as he's not anserwing the door or phone to me, how do I get the gas checks done?

This is actually covered by the regulations that the tenant is to blame for the non-compliance but have proof that you have made every effort to obtain entry at an agreed time to do this. And inform public health at the council in writing......they will also put pressure on the tenant to let you have entry. This also shows that you are aware of your responsibilities.

terryw

The_Jobber wrote: »

Also, can't I just issue a new tenancy agreement as it's been ages? What if I wanted to amend the current one to say increase the rent for example?

The clue here is that it is an "agreement". You both have to agree. If the tenant will not agree then you must go through the legal channels to obtain possession of the property.

The_Jobber

Thanks terryw