PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

how late is late

Options
2

Comments

  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    As a LLof 11 years, i suggest you write them a polite letter which addressses their late payments . In the letter suggest a payment plan to bring their rental payments up to date Enclose a rent schedule (for the full tenancy) in Excel if you have it. (payment plan = £x over x months to reduce arrears to £0)

    Prepare a Rent Schedule showing a number of columns

    Date Due - Date Paid - £ Rent Due - £ Amount paid Arrears - No of Days late - cumulative rent arrears in the final column

    This is an essential document as if it goes to court it will show the judge a) how many arrears they are in and b) their consistently late payment dates.....

    It will also show them that you are now taking this seriously.

    IF the schedule shows that they are 8 weeks in arrears, then include a short paragraph to the effect that LL&T law now entitles you to go to issue them with a S8 notice and then to apply to court in 14 days to apply for immediate possession of the property.

    I suggest you end the letter by saying that you will then come on x day at x time to discuss these matters. (making it 2-3 days ahead)

    Make it short but professional and unemotional....


    IF they are more than 8 weeks in arrears, then find a S8 notice and complete it and take it with you.... if they muck you about... hand it over and get a receipt for it as that will be evidence....

    let us know how you get on
  • roses
    roses Posts: 2,333 Forumite
    Part of the Furniture Combo Breaker
    Why don't you call them then if they fob you off then write to them
  • Trollfever
    Trollfever Posts: 2,051 Forumite
    N79 wrote: »
    Not normally - just a tax return at the end of each tax year. There is no need to submit accounts to HMRC.

    Accounts will assist in completing the Self Assessment UK property income page:

    http://www.hmrc.gov.uk/forms/sa105.pdf
  • clutton wrote: »
    IF they are more than 8 weeks in arrears, then find a S8 notice and complete it and take it with you.... if they muck you about... hand it over and get a receipt for it as that will be evidence....

    let us know how you get on


    If you serve a Section 8 using grounds 10 and 11, the tenants just need to be either "consistently late" with the rent or just in any amount of arrears. But this is a discretionary ground and a judge (should it get that far) may decide not to grant posession. However, it might act as a good incentive for your tenants to bring the rent up to date sharpish and would act as a very clear indication of your intentions!
  • Alias_Omega
    Alias_Omega Posts: 7,917 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Filey wrote: »
    I am a private LL. I rent out a house I used to live in. Being a soft touch I let it out to a nice older couple without taking a deposit or signing a contract. Yes, silly me, I should have know better! They pay £400/month for a 3 bed cottage, paying the rent directly into my bank account in cash. I haven't increased the rent since they moved in July 2007.

    Now for my query. They moved in on the 24th, paying a months rent. Up till last December they paid the rent regularly round about that date. For December it wasn't paid until January 6th and since then Feb 7th, Mar 8th, April 8th, and April's rent still hasn't been paid as yet 10th May. The first late payment was around Christmas and I thought perhaps they had had an expensive time, but it has continued and I feel I should find out what their intentions are.

    I shall go round and see them (I live in the same village) but before I go I would like the Forum's opinion on what line to take. I have the feeling they are taking advantage of my good nature (stupidity) but would like to know if this consistently paying about a fortnight late is something I should be worried about.

    Thanks for your advice.


    You could forget about the 10~days lack of rent, and get them to sign a new tenancy agreement. Of course the costs of this can be deducted from the annual profit on the tax return.

    They have slipped with the date of the rent due to Christmas, and have paid it when had received it, and took it from this date.

    Just make sure your covered by the Gas Annual Safety Check (£45), and remember you dont have a deposit.


    I always say...

    "A further 6-12months £400 rent, is far far better than 6-12months of £0.00 rent".

    A property rented out, saves you alot of hassle & cash. Things like empty house buildings insurance, council tax (after 6 months empty), gas & electric and even the potential for damage from kids etc.

    Alias
    (Landlord)
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    why would OP want to sign a new tenancy agreement with a couple who are currently not paying their rent anything like on time....???
  • missdee85
    missdee85 Posts: 202 Forumite
    Wow you sound like a lovely landlord not to mention fantastic rent rate - gosh if it were near me i would certainly take it off you lol

    If i were the tenant i would prefer my landlord to pop round after calling to make sure that was ok - maybe they are having money troubles and just dont know how to address the situation have they recently become unemployed?

    Take with you a table of when you would like your rent to be in the bank by - even make up some gibberish that you have to have the money in the bank to cover the mortgage, insurance etc, play on their good nature as up until recently it sounds as if you have had no problems with them? Last thing you wanna do with anyone in your property is to get their back up.

    Good luck!
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 14 May 2010 at 11:43PM
    There is a balance to be found between maintaining a friendly LL/tenant relationship ('drop round for a chat') and protecting yourself a) from claims of harrassment b) by having a paper trail in case it goes to court.

    As arrears are involved, I'd support the written letter approach, but keeping it friendly and non-threatening. And end by offering to go round for a chat to find a mutually agreeable solution if they'd like you to. Ask them when would be convenient.

    As solutions to accept, again, be friendly/understanding but also professional and not a soft touch. So by all means agree to accept payment on a different day of the month if it helps them, but make sure they make up the shortfall (ie the missing 2 weeks rent) with a one-off payment.

    And whatever you agree, get it in writing. Write to them afterwards detailing what was agreed, send two copies, and ask them to sign/return one copy to you!

    Edit - have you ever done any inspections? If so how long ago? You could suggest a visit would also be an opportunity for you to check the property structure does not need any maintenance (slipped roof tiles? External paintwork? etc), everything is working OK and they have no problems (heating, plumbing, white goods etc). Putting it like that sounds much less threatening than 'inspection'!
  • G_M wrote: »
    There is a balance to be found between maintaining a friendly LL/tenant relationship ('drop round for a chat') and protecting yourself a) from claims of harrassment b) by having a paper trail in case it goes to court.

    As arrears are involved, I'd support the written letter approach, but keeping it friendly and non-threatening. And end by offering to go round for a chat to find a mutually agreeable solution if they'd like you to. Ask them when would be convenient.

    As solutions to accept, again, be friendly/understanding but also professional and not a soft touch. So by all means agree to accept payment on a different day of the month if it helps them, but make sure they make up the shortfall (ie the missing 2 weeks rent) with a one-off payment.

    And whatever you agree, get it in writing. Write to them afterwards detailing what was agreed, send two copies, and ask them to sign/return one copy to you!

    Edit - have you ever done any inspections? If so how long ago? You could suggest a visit would also be an opportunity for you to check the property structure does not need any maintenance (slipped roof tiles? External paintwork? etc), everything is working OK and they have no problems (heating, plumbing, white goods etc). Putting it like that sounds much less threatening than 'inspection'!

    A good approach to take.

    One other thing that might be helpful to both parties, if the tenants are in reciept of LHA, it is paid to them fortnightly in arrears. They may find paying the rent under the same terms (ie fortnightly) easier.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    They may find paying the rent under the same terms (ie fortnightly) easier.
    But remember as this is a periodic tenancy changing the payment frequency changes the notice period..
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.8K Banking & Borrowing
  • 253K Reduce Debt & Boost Income
  • 453.5K Spending & Discounts
  • 243.8K Work, Benefits & Business
  • 598.6K Mortgages, Homes & Bills
  • 176.8K Life & Family
  • 257K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.