Tenant abandons house! Arggghhh!

Jowo_2

n90bar wrote: »

Im communicating via text as the tenant will not provide me with his new address...

Ignore all texts and emails. If the tenant wants his deposit, he'll have to take you to the local sheriff court and then you can use the address given as claimant to raise a separate action to recoup the rent arrears...

By the way, what does the SAT say about what the deposit can be used for? Does it explicitly state that it can be used for rent arrears? What does the clause say?

bigpat

Hi,
I've been a landlord about as long as you have and unfortunately have worse stories to tell. If this is your first bad egg in 4 years, then just take it on the chin and consider it a dent in your profits. (A tiny sliver of silver lining is that if it means you made an operating loss for the year just ended then you wont have to pay tax this year)

Concentrate on getting a new tenant in quickly but look for a bigger deposit. Six to eight weeks rent seems to be the standard deposit requirement for letting agents round my way, so last time - three months ago - I asked for the first month up front plus six weeks rental as a deposit. Even though that came to well over £1000, the tenants seemed unsurprised and got me the cash. They seem nice people, but I do feel that bit more secure.

When the deposit was just a month's rent, two of my previous tenants failed to pay the last month and just said keep the deposit. It helped them with their cash-flow, having to pay a new landlord before they got their deposit back from me. Thankfully neither of these trashed the place before they moved out, but I was left feeling quite vulnerable. Taking a deposit of more than one month deters tenants from trying that one.

Jowo_2

bigpat wrote: »

Concentrate on getting a new tenant in quickly but look for a bigger deposit. Six to eight weeks rent seems to be the standard deposit requirement for letting agents round my way, so last time - three months ago - I asked for the first month up front plus six weeks rental as a deposit. ...

When the deposit was just a month's rent, two of my previous tenants failed to pay the last month and just said keep the deposit. It helped them with their cash-flow, having to pay a new landlord before they got their deposit back from me... Taking a deposit of more than one month deters tenants from trying that one.

Apparently, there are downsides of taking a deposit of 2 months (though I repeatedly forget what these are). Also, an additional 2 weeks deposit that you mention for deterring tenants from witholding the last month's rent would give absolutely no great security whatsoever against a 'professional' tenant who is hellbent on not paying anything other than the deposit and first month's rent.

Better screening is key - best not hand the key over to someone who has poor credit history or has been evicted for rent arrears in the past or who routinely fakes their references.

Plus contact all their previous landlords, not just the last one, to see if they've stiffed them for the last month's rent.

Demand a guarantor.

There are more thorough ways than asking for a few more weeks' deposit (which may actually deter good tenants who find this disagreeable).

n90bar

Thanks guys for all your helpful replies.....I think better tenant screening would definately be a better way forward and as you say detters those who are not upto scratch.

The references I received seem genuine - local solicitors letter as my tenant is a "family friend" of his, and two previous landlords references. Although I would admit his previous landlords reference wasnt glowing, it purely stated the rent had been paid on time. Perhaps I should have queried that for a fuller reply.

Anyway I've now contacted a few management companies that are local to the house (I live Dorset, its in Scotland!) and I can take it from there!

Barry

sequence

n90bar wrote: »

Proof of utilities are required...or at least Ive always obtained them to ensure I am not left with hefty bills! I thought that was fairly common?

Nope, don't do that in future.

1. You can't withhold a deposit for the utilities as they are not your bills. (would you withhold the deposit if the tenant didn't pay their mobile bill,no you wouldn't)

2. It's really irritating to tenants.

You can't be left with the bills as they are not in your name .

As for your tenant it's probably best to move on.

Jowo_2

n90bar wrote: »

Anyway I've now contacted a few management companies that are local to the house (I live Dorset, its in Scotland!) and I can take it from there!

Barry

don't leap out of the pan and into the fire. agents can also be responsible for poor screening in the rush to fill the property and reap their commission (regardless or not of whether the rent gets paid since its based on the rent charged, not on rent actually received, I think).

Agents aren't regulated. Anybody can set themselves up as an agent - no qualifications, experience, skills or knowledge of housing law is required.

here's how to select your letting agent

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

By the way, a landlord reference is pretty useless without proof that the tenant lived there - full screening will check for proof of living there (electoral register) at the past addresses given, that they are who they say they are (photo ID check), credit check and so forth.

Here's a directory of companies that can carry out comprehensive checks (which the tenant should pay for) rather than a partial one carried out by the landlord.

http://www.landlordzone.co.uk/dir/tenant-checks.htm

You still haven't answered whether you made the tenant complete a full tenancy application form - without the basic info on it, it will be much harder to trace the tenant.

Also, did you not bother to take up employment references? could it be the tenant wasn't actually employed, claimed LHA and kept it all? Free rent,plus receiving the cost of his rent from the state?

Though a landlord must chase the debtor directly without involving friends, family or their employers into their contractual dispute (and compensation has been paid out to tenants who have been embarassed this way by their landlords), wouldn't it be funny if engaged a solicitor to represent you in taking the tenant to court....and it happened to be the one that testified as to his good character...(PS, am not recommending this but do find this a hilarious way to deter him from acting as a referee in the future...)

MiserlyMartin

pyueck wrote: »

No, you can't withold deposit for not providing utility bills, this is an unfair contract term as the bills follow the tenant not the property.

Yes the utility companies can't chase you for any unpaid bills, they will have to chase your tenants. Its not your responsibility.

clutton_2

some utility companies are now so jacked off with professional tenants stealing from them that they are demanding hundreds of pounds deposit before a new tenant gets service.....

sign of the times .. sadly

all of us pay higher fuel bills because of professional scamming tenants who dont pay their own bills... espcially the water companies who have no sanctions in terms of cuttingof supply.....

Fire_Fox

n90bar wrote: »

Im communicating via text as the tenant will not provide me with his new address and I did think at least by text I have a record of our conversation...where as we wouldnt with a phonecall. I dont see any better way of doing it?

Yes the utilities have been sorted out and are now back in my name.

Do not ever conduct formal communication by text. Tell the tenant you are not willing to do so and repeat repeat repeat until they get the message. Your tenant is basically running rings around you if you allow them to dictate such an inappropriate form of contact! Seriously join a landlord's association.

PROFESSIONAL_LANDLORD

clutton wrote: »

some utility companies are now so jacked off with professional tenants stealing from them that they are demanding hundreds of pounds deposit before a new tenant gets service.....

Scottish Power are known to blacklist properties with a history of debt, and demand deposits.


I had another run in with this lot recently with a new property purchase, they wouldn't change the card meters back to credit ones without charge, obviously they had nothing to do with me as I had inherited them. I dumped them and changed supplier. I believe Scottish Power prefer them because they are more profitable.