current tenants not answering calls from letting agent to book viewings!!

G_M

Well, thy don't have to, but they should, since they continue to owe rent.

But as you've already found out, they can build up further renat arrears.

clutton_2

Just out of interest, if they refuse to move out by the time stated on the s21 do they have to continue paying rent until they do move out ?


yes they are legally obligated to pay rent till they move out.... but dont hold your breath

tbs624

Many Ts who fall behind with their rent will take an ostrich approach and fail to discuss the matter with LA or LL.

Rather than phoning about unpaid rent the LA should write, enclosing a Rent Statement, and ask the T to bring their payments up to date by x date. It sounds as if the Ts are aware that there needs to be 2 months owing both at the time of court application and at the actual court hearing if you had wanted to rely on a S8, ground 8 Notice arther than the S21.

The LA needs to make it clear to the Ts that they will be pursued for any rent outstanding at the time they move out from the property and that, should you need to pursue this to court you will apply for your court fees to be paid by them. Non payment of a judgement in your favour would mean that the resultant CCJ would affect their credit record for 6 years.

As has already been said, if the Ts refuse viewings for the remainder of their tenancy there is nothing much you can do.

I can understand your frustration but you shouldn't publicly identify the property and thus the Ts on a public forum. You *are* able to edit the post that contains the link to the property details.

bikingbarney

ok thanks all.

I have an address for the guarantor, am I legally allowed to make contact to find out when he is likely to pay the rent like he has had to for the past 2 months?

tbs624

domcastro wrote: »

Sorry to hear that. I think there may be something in the agreement about allowing viewings - there was in mine.

It is irrelevant what the tenancy agreement may say - if the T refuses viewings by potential buyers or Ts there is nothing the LL can do.LL has an statutorily implied right of inspection for the purpose of meeting his s11 repairing obligations but this is a different issue ( if the T refuses the inspection LL has to obtain a court order too gain access)

domcastro wrote: »

As I've said before, the law favours the tenants

Thanks for sharing your opinion domcastro but as a general statement that's utter drivel- the law does not "favour tenants".

tbs624

bikingbarney wrote: »

ok thanks all.

I have an address for the guarantor, am I legally allowed to make contact to find out when he is likely to pay the rent like he has had to for the past 2 months?

Send the guarantor a copy of the Rent Statement and tell him that in the absence of the Ts making payment as required under the contract you look forward to receiving a cheque from him as guarantor by x date

G_M

bikingbarney wrote: »

ok thanks all.

I have an address for the guarantor, am I legally allowed to make contact to find out when he is likely to pay the rent like he has had to for the past 2 months?

Of course.

tbs624 has suggested a letter to the tenants.

Send a copy to the guarantors.

mchale

bikingbarney wrote: »

ok thanks all.

I have an address for the guarantor, am I legally allowed to make contact to find out when he is likely to pay the rent like he has had to for the past 2 months?

Yes, but out of interest was the guarantor paperwork signed as a deed?

mchale

tbs624 wrote: »

Thanks for sharing your opinion domcastro but as a general statement that's utter drivel- the law does not "favour tenants".

It leans heavily in their favour

BitterAndTwisted

BB: please ask your agent to contact the guarantor and put them in the picture about the rent-arrears. As you are emotionally involved in this situation (quite understandable) you don't want any accusations of harassment to be bandied about. I suggest that a copy of the reminder letter with the rent-statement to be sent by the agent should be copied in to the guarantor as well.