Problematic tenants

moneysavingobsessive

I broke three golden rules when I rented out my house - rented to friends, no formal tenancy document and I didn't take a deposit. Now, just 2 months into the tenancy they are delaying payment (was due today and they told me yesterday that I would have to wait until next Tuesday).

I dont want to come across too harsh as they have paid rent on time (weekly) for the past 2 months, but were do I stand if they continue to not pay? I.e. would I need to go to court to get them evicted if they refused to move out?

As soon as this is fixed, either way, I am going to make sure that I get a deposit!!!

Ems*Honie

I cant help you with the court stuff, but I would sort out a contract asap, you can buy a package in whsmith. Hope you get sorted, and remember to stay firm, good friends would not put you in a bad situation, but everyone has bad financial weeks.

Good luck

Edited for the goos

Tassotti

Once they are two months in rent arrears, issue a Secton 8 notice.

This gives them two weeks to pay up or leave.

If they don't do either, you need to apply to the court for repossession of your property.

Get rid of them

BobProperty

Tassotti wrote:

Once they are two months in rent arrears, issue a Secton 8 notice.

This gives them two weeks to pay up or leave.

If they don't do either, you need to apply to the court for repossession of your property.

Get rid of them

Anyone know if the 6 months before you can get possession is still true in these circumstances? I would suspect it is, but it will take almost that long to get a possession order anyway.

Tassotti

You can issue a Section 8 anytime, quoting grounds 8, 10and 11 , once 2 months rent is owed. Also issue a Section 21

BobProperty

Tassotti wrote:

You can issue a Section 8 anytime, quoting grounds 8, 10and 11 , once 2 months rent is owed. Also issue a Section 21

Dating the section 21 for the end of the six months presumably? I think you're right about the rest but I haven't got my notes with me.

Tassotti

Furthermore, if the tenants are causing nuisance to the neighbours, there is another ground you can quote.

Here are some useful links

http://www.letlink.co.uk/Facts/Lfacts37.htm

http://www.letlink.co.uk/Facts/Lfacts26.htm

Best of Luck (get rid of bad tenants)

Tass

Gorgeous_George

My tenants pay weekly.

He's self-employed and I have come to expect certain times of the year when the rent will be a 2 to 4 weeks late. I don't rely on the rent so it's not a problem for me.

I have a tenancy agreement and a month's deposit. I'd worry if they were a couple of months behind.

GG

clutton_2

have they told you the reason why they will be late payng the rent this month ? it could be a perfectly sensible and acceptable reason - dont be too hasty with the "sections" before finding out the truth.

Alleycat

Just a note in case it is needed.

Even though you don't have a written Tenancy Agreement you still have rights as a Landlord. As soon as rent is paid on a regular basis and weekly payments for a month would certainly count, you automatically enter into a 6 month Assured Shorthold Tenancy so the standard eviction procedure is relevant as Tassotti has explained. Do you have a rent book or any way to show that rent was paid as this will help you if you do have to go to Court to evict them.

I can understand that you are worried as you are only into your second month with them as tenants, but it could be a genuine teething problem or a one off. There have been occasions with us when we have had to pay our Landlords a couple of days late and fortunately they have been cool with this. It may be worth getting them to set up a standing order to pay the rent then it should (hopefully!) be a bit more straightforward in future. Also mention to them that you do need the rent on time in future as you have a mortgage to pay/bills etc that unfortunately cannot wait.

moneysavingobsessive

Well, they told me that they would make the rent payment today rather than Friday, so I have tried calling and texting them to make sure - no response so far, so it doesn't look good!

I know that they have an IVA - if I evict them, would this have an impact?

thanks,