tenant is paying her rent through her lawyer?

hellzbellz84

hi folks

i rent my house out (all legit) but my tenants which moved into the house in december are always late paying the rent. they went to the LA saying that they want to move out but they obviously said you need to give two months notice and not only that, but they are breaking the clause so re-let fees will be incurred if they decided to hand in the notice now...

the rent is now 9 days late (due on 22nd) and the LA have been chasing the tenant daily for it. she apparently is quite difficult to talk to and she said yesterday that the money will be sent to the LA via her solicitor who would be in touch. they asked her why the solicitor was getting involved, to which she didnt fully explain...

any ideas why they would be getting a solicitor involved? i am going to see the tenant personally (have given 24 hours notice) and the LA said that she is quite difficult to deal with so just plead ignorance and see what she has to say....

anyone that has been in a similar situation that has advice, would be great!!!

thanks xxxxxxxx

grifferz

hellzbellz84 wrote: »

hi folks

i rent my house out (all legit) but my tenants which moved into the house in december are always late paying the rent. they went to the LA saying that they want to move out but they obviously said you need to give two months notice and not only that, but they are breaking the clause so re-let fees will be incurred if they decided to hand in the notice now...

So is this a normal AST in England/Wales with a fixed term of 6 months, or a 12 month one with a break clause at 6 months (so they can move out in June, 6 months from December)?

If so then your letting agent is incorrect: If it is a 6 month fixed term then they can leave in June without giving any notice. If it is a 6 month break clause then I think that tenant can make use of this without giving notice even if the agreement says otherwise, but you'll want to check that.

hellzbellz84 wrote: »

they asked her why the solicitor was getting involved, to which she didnt fully explain...

any ideas why they would be getting a solicitor involved?

Where the money comes from is irrelevant so I would recommend not getting hung up on it.

Your issues are that you have a tenant who wants to quit and is also late with rent. So first work out what the tenant is legally entitled to do. Ten consider what you re legally entitled to do, how much it will cost ad how long it will take.

Maybe you also want them gone as if they are a persistent late/no-payer then it could be more hassle than re-letting.

hellzbellz84

thanks for the reply - the LA said they had missed the 6 month break clause as they should have given their notice two months prior to the end of june. but good point - it is a 12 month contract with a 6 month clause

i will do some research, the LA told the tenants that if they want to break the clause they need to pay the re-let fee but they havent come back to them as yet with a response....

thanks again for the response

xxx

kirkbyinfurnesslad_2

Of course they are not paying it through their solicitor. Ask her which one will shut up.

They are just doing to this to buy time and fool you.

hellzbellz84

thats what i was thinking to be honest... im quite hot headed so i am hoping i dont lose my composure when i go there tomorrow. she said shes not sure if she will even be in so she is letting the LA know later today.... i can handle the rent being a few days late, but this is taking the michael now and the rent guarantee insurance i have doesnt kick in til the tenants fail to pay within 30 days

x

GDB2222

If they want to leave, let them. Negotiate with the letting agents for a reduction in their fees on the new letting.

ACG

Not giving an explanation isnt an option. The rent is late.

Ask her for an explanation or her solicitors details so you or your letting agent can speak to them to get a full answer.

hellzbellz84

is it common practise to do this? i dont really want to fork out extra money for something that isnt my fault...or do you mean get the LA to reduce the fee for the tenants?

thanksxxx

GDB2222

hellzbellz84 wrote: »

is it common practise to do this? i dont really want to fork out extra money for something that isnt my fault...or do you mean get the LA to reduce the fee for the tenants?

thanksxxx

I assume that you paid the LAs a percentage of the full year's rental for finding the tenants. It's going to cause you endless aggravation to hold the tenants to their contract if they want out. So, your best course is to find a new tenant, and ask the LA for a reduction in their fee for doing so. That way, you won't be much out of pocket, and everybody (else) is happy.

hellzbellz84

gravy baby, that sounds like the most sensible solution, thanks v much guys

have a good weekend everyone xxxxxxx

Better_Days

If you do go and visit the tenant, don't go alone, and keep calm. You may need a witness to any discussions.