Tenant falling behind with rent

LemonMeringue

We still own the flat which my wife lived in before we got married.

We've tried to sell it but have had no interest at all so have let it out through a management company.

The management company don't seem to do very much other than wind my wife up by not following her instructions about seeking her approval on maintenance work. They just go ahead and get stuff done without contacting us.

Whilst that is a relatively minor irritation, my wife is getting even more wound up about the tenant gradually falling further behind with the rent - only about two months now but getting later all the time so I'm sure will be three months soon.

Can any experts confirm what legal rights we have.

We haven't had any problems letting the property out - on both occasions it has been let on the day it has been advertised because it is very close to an airport and so the area is popular with cabin/airport staff - so we would consider legal steps to ask the tenant to try to find alternative accommodation so that we can find someone who will pay the rent on time.

Thanks.

tbs624

LemonMeringue wrote: »

We still own the flat which my wife lived in before we got married.

We've tried to sell it but have had no interest at all so have let it out through a management company.

The management company don't seem to do very much other than wind my wife up by not following her instructions about seeking her approval on maintenance work. They just go ahead and get stuff done without contacting us.

Don't let any LA tell you how your rental will be dealt with. Check that the small print of their contract with you does not include any term about them sorting out minor repairs under a certain ceiling cost. Are they signed up to ARLA, NAls or similar , if yes then check the relevant code of practice. Voice your complaint in writing to the managing partner at the LA [edit: initially] , keeping a copy, and then follow it up

Whilst that is a relatively minor irritation, my wife is getting even more wound up about the tenant gradually falling further behind with the rent - only about two months now but getting later all the time so I'm sure will be three months soon.

Can any experts confirm what legal rights we have.

What steps, if any, have the LA staff taken over the unpaid rent? Has the T recently lost employment , and perhaps is having to claim benefits?

If not already done, you should send the T a formal Rent Statement covering the full tenancy so that there is a clear picture of what is owing. Give the T 7-10 working days to bring the payments up to date, reminding them that their tenancy is at risk if rent goes unpaid/is peristently paid late.

If your T pays rent monthly then you can serve a S8, Ground 8 Notice once two months rent has become unpaid. Add to this Grounds 10 and 11 ( google Schedule 2 of the Housing Act 1988). Note however that the T can defeat a a mandatory repossession under S8 G8 by paying down some/all of the rent owing immediately prior to a court hearing ( there has to be the 2 months outstanding both when you apply and at the time of the hearing) and the G8, ss10 and 11 are discretionary Grounds.

Have you/your LA scheme registered any tenancy deposit paid over? If yes, then you can also serve a valid s21 Notice of Intent to Repossess timed to be actioned after expiry of the Fixed Term. Two month's min notice to be given, whether stat periodic tenancy is now in place of the original FT or whether the tenancy is currently within an FT

so we would consider legal steps to ask the tenant to try to find alternative accommodation so that we can find someone who will pay the rent on time..

What T referencing procedures did/does your LA have in place?

dancingfairy

The managing agents should be working for you. Surely it's up to them to follow instructions from you and not dictate what work should/should not be done and how much you have to pay? You are paying them to make your life easier, not to do their own thing. Grrrr.
df

theartfullodger

If it lets very very easily then maybe the rent is too low... (surely the agent isn't simply ensuring they get their percentage....).

Yes, agree with those above, be firmer with the agent & issue S21 & S8 notices.. simply doing that might "encourage" tenant to pay promptly. My tenancy agreements have a bonus to be paid to tenant when they leave if all rent is always paid on time...

LemonMeringue

Thanks very much for each of the responses.

My wife has repeatedly told the agent (they are a pretty well established estate agents) that we want to pre-approve work but they keep ignoring it.

Earlier in the week one of their employees interrupted my wife on the phone and said something like "yes I know what you want, now let me speak"!

We're not aware of any chasing of the tenant for the rent that they've done.

The rent seems in line with other local property. The first time we let it someone took it that day. The second time it was up for sale and the agent said they had a tenant who had to move out of another local flat because the landlord had not kept up with the mortgage and so had to sell, so we took that tenant as we weren't getting viewings for the sale.

Notmyrealname

LemonMeringue wrote: »

We still own the flat which my wife lived in before we got married.

We've tried to sell it but have had no interest at all so have let it out through a management company.

The management company don't seem to do very much other than wind my wife up by not following her instructions about seeking her approval on maintenance work. They just go ahead and get stuff done without contacting us.

Whilst that is a relatively minor irritation, my wife is getting even more wound up about the tenant gradually falling further behind with the rent - only about two months now but getting later all the time so I'm sure will be three months soon.

Can any experts confirm what legal rights we have.

We haven't had any problems letting the property out - on both occasions it has been let on the day it has been advertised because it is very close to an airport and so the area is popular with cabin/airport staff - so we would consider legal steps to ask the tenant to try to find alternative accommodation so that we can find someone who will pay the rent on time.

Thanks.

OK, at two months rent outstanding you can issue a Section 8 notice and evict them. There are very strict procedures for this - the wording needs to be right and the notice served on a specific day.

Also, sack off the management company and do it yourself. Management companies and letting agencies are basically "getting money for old rope". They do sod all other than cause you grief whilst emptying your wallet.

Mrs_Z

Sounds like a lousy Agent - why are you still doing business with them? Would you not prefer to manage the property yourself to have control over issues like that?

DVardysShadow

LemonMeringue wrote: »

Thanks very much for each of the responses.

My wife has repeatedly told the agent (they are a pretty well established estate agents) that we want to pre-approve work but they keep ignoring it.

Earlier in the week one of their employees interrupted my wife on the phone and said something like "yes I know what you want, now let me speak"!

Have you told them in writing? If you have, then unapproved work is at their cost.