ADVICE - Tenant not paid rent for 2 weeks ?

Werdnal

I know we all made a few mistakes to start with but you have taken on tenants with no deposit (a dubious fee which may yet be deemed a deposit and need protecting if the tenants decided to challenge it in court - fine of 3x the deposit value and return of full deposit to tenant), and no references or credit checks. These are the basic and fundamental things you do before giving sole occupancy of your most valuable asset to a couple of complete strangers!

You check their references personally - either by phoning the employer, or whoever they have named and asking them questions, or writing asking specific question you want answered. You don't just accept any written references offered by the tenant on face value ... and sadly it seems you haven't even done that!

Previous landlord, and preferably the one before that, will tell you how reliable they paid, how well they looked after the place etc.

Did you even get any proof of ID for these tenants to prove they are who they say they are - passport, driving licence etc?

You need to provide a rent book asap. Why have you agreed to a weekly rent, as monthly is more usual on an AST? (you have complicated things much more than necessary). You cannot issue an S21 yet, or atleast you can, but it is not available for use to evict them until the fixed term ends - how long is that?

Why have you not insisted on standing order payment into your account, rather than allowing them to pay you cash?

Whilst it is true you can never 100% guarantee your tenants are not going to cause you any trouble, there are certain basic things you should do to verify them as much as possible, and you seem to be sadly lacking here.

Of course, you may be panicking unduly - perhaps tenants have had a personal family crisis or bereavement and had to go away at short notice, and rent payments have slipped their minds ...

stylus360

I did not issue an EPC but did give them a copy of the GSC.

It actually states on RLA tenancy deposit NIL deposit and also stated ADMIN FEE of £500.

The tenancy is also to terminate at 11am on the 9th October, so 6 months.

It also states for money to be paid every 2 weeks and i did state i wanted a standing order made up and provided my details BUT they stated can we pay weekly cash until we get settled in the property etc and i verbally agreed.

How could i make them/check they have a standing order set up for future reference, they could just cancel at any time anyway ??

I also stated on advert NO PETS and on talking to them they had a small dog (Chiwawa) and i said NO but they offered me £200 cash for the 6 months so i was also swayed by that (this is not mentioned anywhere on the tenancy and was just mutual deal)

The only reason i picked fortnightly is that my previous tenants were claiming housing benefit and that was paid like that.

I presumed when i they missed the first week that they had set up a standing order and i would start receiving funds fortnightly.

I have rent book but how would the procedure work ? What benefit to me would me giving them book ?

Cheers guys, we all have to start somewhere and i have been a bit naive, even stupid BUT i have learnt a lessons here from your great advice.

My thinking behind not taking a deposit and a large admin fee was that i could get lot's of interest and tenants in quickly, which was exactly the scenario.There are LOADS of properties in the area which have been empty for months (if not years) with letting agencies.

I also did not have to put bond in government scheme etc i would just use the larger admin fee to repair/paint/replace carpets etc when they leave.

They seemed like a very nice, genuine family and they stated it was their first time renting after living with parents (they did name the road and i know it), so it all 'seemed' fine to me....

Is it worth me joining the RLA, what are the benefits ? Is there a 'checklist' of things you need to do/check as it seems there is a lot off criteria.

I also had the gas/elec swapped to meters asap and informed the suppliers.

Thanks guys, much appreciated

Werdnal

Under housing law, weekly rent requires a rent book!!!

EPC is now also a requirement - get one!

The £200 they offered for the dog - this sounds like a deposit!!!! Protect it!!!!

Have you ever read this:

http://forums.moneysavingexpert.com/showpost.php?p=41160642&postcount=12

Sit down with a coffee and read everything in it, all links etc, and make up your own "checklist" of all the things you should have done - but possibly haven't.

Some things legally required could come back and bite you if you haven't done them, so try to catch up.

I think in previous threads you have mentioned "one of my properties ..." - if you have more than one, and seem to have been letting for some time, how are you still making these basic (and maybe costly) mistakes.

Do you homework now, before you do anything else, and get it right. Tenants may be in the wrong here through lack of rent, but don't give them any cause to get back at you, otherwise a court may favour them at considerable cost to you ...

G_M

stylus360 wrote: »

I did not issue an EPC but did give them a copy of the GSC.

...

I have rent book but how would the procedure work ? What benefit to me would me giving them book ?

You avoid a criminal conviction and a fine?

If the landlord ... fails to comply with ...

section 4 (provision of rent book),
...
he commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

Well, if you've issued a GSC then no need to bother with the otherlegal requirements like EPC. Just tell the judge what a good boy you have been re GSC!

"But officer! I've got an MOT! So surely not having insurance is irrelevant?"

stylus360

So i just photocopy the Energy Performance Cert and give it to them along with a £1 rent book ??

I have other rental properties but rent to friends who claim housing benefit, this is the first time i have advertised so still a learning curve.

Thanks for the link Werdnal, i will have a good read when i have chance.

Even though it states on my AST fortnightly, i don't see how the addition of a rent book works in principle. Can anyone explain ?

I do not see the tenants and they pay direct to my account so what do they do with the book that i never see ??

Thanks

andy.m_2

One thing you'll notice on this forum, the same point will be made ovr and over in the same thread, each time with a little more grammar, and each time linking to the same piece of legislation.

You had your answers here

Get it sorted rapido and keep your powder dry.

stylus360

I will post a rent book with my contact details in it etc along with a letter then.

Cheers

sandsni

TBH I don't fully get the point of having a physical rent book when rent is payed by standing order and there is a written tenancy agreement, I just know it's a requirement and, whether LLs like it or not, thems the rules. And if your new Ts know the game they could use the lack of one to cause you serious headaches.

Another point, just because your other tenants are friends doesn't negate your responsibilities as a landlord. You are still legally responsible for deposit protection, maintenance & repairs, having all the right safety checks and certificates, and if their HB stops and they decide to stop paying you, you will still have to go down the proper legal route to evict them.

stylus360

That's what i find strange, what's stopping me saying i gave them a rent book along with the AST or for them to say they never received one.
With the AST it is different as we both have a signed copy, same applies to EPC i would keep original and give them a photocopy, with the GSC i also have my copy.

I guess i would need to add my own page to the AST that states they have such and get them to sign and date.

This advice is much appreciated guys, i am aware of deposit protection and repairs as well as all safety checks etc.

chappers

The point is that it is a legal requirement,if they pay you cash you sign the rent book , if they pay by SO or bank transfer they already have a record of payment.

Not sure if OP is for real, but your tenant's willingness to just give you an extra £500 in lieu of a returnable deposit and then another £200 for the dog, combined with their non contact, late rent and absence would be ringing very loud alarm bells for me.
I would be round there knocking the door to at least be getting an idea of what is going on.
You seem very relaxed about it but to be honest I wouldn't have a good feeling about this one.