We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

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.
📨 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!

Just given birth and my Tenants and Letting agent being awkward

Hi,

We have a 3 bedroom house that is rented out, and the tenants and letting agents are playing games. We are close to losing everything, and we have no idea what to do. This is a long story, but I really need some help.

Please can someone help???

The letting agreement has 2 tenants on it, who are a couple that have recently split up.

They asked for a 2 year contract, which we kindly granted them. And it expires in December 2011.

We gave them a reduction of £100 per month for the first year of rent taking into account economic circumstances.

They regularly pay their rent late. In goodwill we changed the rent date to a later date in the month to accomodate them. HOwever they still paid the rent late.

As of September 2011, They had 4 months to go on their agreement, but split up as a couple and since then have not paid their rent.

They have asked to be released from the agreement, however it appears that they are constantly playing games.

The agent is constantly contacting me, and the agent is saying she can find someone who can take over the lease from them.

Each time we agree to bring new tenants in, the agent and existing tenants change their mind, and we are left in a hole with no rent, and this dispute of no rent being paid over to us.

The agent appears quite sympathetic to their cause and she might be siding with them on the matter.

bOTH tenants are blaming each other, saying that the other has the money. At one point the letting agent found a new tenant and we were willing to release them from the agreement, but one of the tenants had no-where to go, and as a result the deal fell through.

Then one time, one of the tenants said he wanted to solely take the agreement on and he had plenty of funds to clear the arrears. The agent advised us to go with this, as the new perspective tenant had CCJs and could not get rental insurance.

We thought this would have been the easiest option as well and we were sympathetic to their citcumstances. When asked when the rent could be paid, she (the agent) could not give us a date.

A few days later the agent called me to say ( I was physically in hospital, and it was less than a day after I gave birth to my 3rd child) the tenants are playing games, and we were back to square one. She was unsuccessful in contacting them for a few days.

Then she called me saying the tenants could leave in a matter of days and the guy with the CCJs had his sister who would be a rent gurantor, and he would pay 6 months rent in advance. The exisiting tenant then said that he could not again find anywhere to go, and the prospective tenant offcially fell through.

Recent exchage with the agent, shows that the tenants have had a domestic with the police getting involved.

The agent is harassing me and siding with them.

If they pay the arreas we would let them go from the agreement. However, they are still unable to pay the arreas.

The tenants are 2 months in arreas, but then then paid an unusual amount, which was half a months rent. Are they protecting themselves somehow?

In a nutshell I need to know the following: Best way to evict them and get my rent?
Best way to get rent direct from them?
Is the agent liable for anything?
DO they have a lot of rights?
Is it worth me hurting their credit rating?

It is causing me stress, and considering I have just given birth less than a month ago, am going into post natal depression. The agent is aware of this, and trying to take advantage?

How do I get a good result for me?

Many thanks,

Raj and Jat

Sorry for the essay
«13

Comments

  • Either you or the agent issues them with a Section 21 Notice RIGHT NOW to end the fixed-term tenancy in December. Go through the courts to get your rent-arrears paid if they're not paid they will receive a CCJ. If they don't pay after you've got a judgement go for an attachment of earnings.

    I don't necessarily see where the agent has been acting against your interests here.
  • I suspect the reason all of this is causing you so much stress is because you haven't the faintest idea of what you are doing. I doubt very much that the agent is "siding" with the tenant. I expect they are as keen as you to seek a resolution to this misery. Get shot of these hopeless tenants and get more reliable ones in.
  • ognum
    ognum Posts: 4,879 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Get rid of these tenants and do not take the ones suggested to you either!
  • Mrs_Z
    Mrs_Z Posts: 1,128 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    I have to agree with Bitter and Twisted. Why are these people still in your property? You have been too nice from the start. Property rental is a business and not a charity.
  • marywooyeah
    marywooyeah Posts: 2,670 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I'm sorry to hear what should be such a happy time is being spoilt by these horrible tenants. Although I am not really up to scratch on landlord and tenant law, I can't help thinking if you threaten to change agents they will start being more forthcoming with evicting them. I'd issue s21 proceedings as soon as you can these people sound like they will string it out as long as possible living rent free off you. congrats on the baby! x
  • Think how many hours that poor agent must have spent on the phone trying to sort out this ungodly mess. I don't envy them.

    OP: you are the landlord and are therefore in the driving-seat. You are the one who decides what happens. I would serve these deadbeats notice immediately and get decent tenants in the place in December. Not having anywhere else to go is their problem and not yours. Chase the tenants through the courts for the arrears if necessary.
  • Jatboy
    Jatboy Posts: 22 Forumite
    Eighth Anniversary Combo Breaker
    edited 22 October 2011 at 5:07PM
    I admit I have been too nice to the tenants right from the start, I wanted to have a good relationship with the tenants to avoid situations like this. However, they have taken advatage of us now.

    The letting agent has sided on numerous times with the tenants, she has admited thats she has long phone conversations with them about their personal life, if I detailed this then my essay would be alot longer than it is already.

    We would like to release them from our agreement as soon as we can. I have had a baby under 3 weeks ago, this was stressful for me for reason i do not wish to discuss, I also have 2 young children who keep me busy. The timimg of this has been very hard for us.

    I should be celebrating the birth of my daughter, but am now really upset and stressed ................
  • The one issue you have in agreeing to an early surrender is that plan has already been scuppered once because one of them allegedly had nowhere to go.

    Please ask your agent to issue a Section 21 Notice immediately. Make it quite clear that you have every intention of chasing the tenants through the courts for the arrears. Ask the agent to show you all of the references obtained when the let was agreed. You may need an employer's address to chase them
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Jatboy wrote: »
    The letting agent has sided on numerous times with the tenants, she has admited thats she has long phone conversations with them about their personal life, if I detailed this then my essay would be alot longer than it is already.

    The agent needs to maintain a relationship with your tenants irrespective of the circumstances. As B&T said its your business. You make the decisions. Leaving the agent in the middle resolves nothing.
  • Somerset
    Somerset Posts: 3,636 Forumite
    Part of the Furniture Combo Breaker
    Jatboy wrote: »
    We would like to release them from our agreement as soon as we can.

    Stop ''trying to release them from their agreement''. This is just creating faffing about time. Instruct the agent to immediately serve a section 21, chase him for a copy. Let it 'slip' you'll CCJ any arrears.

    They can drag this out till 2012.
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
  • 352.3K Banking & Borrowing
  • 253.7K Reduce Debt & Boost Income
  • 454.4K Spending & Discounts
  • 245.4K Work, Benefits & Business
  • 601.1K Mortgages, Homes & Bills
  • 177.6K Life & Family
  • 259.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K 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.