Changing Locks

lemontree

My friend has rented a house via an Agent. Tenant paid Deposit and first months rent.
He rang Agent to say he had been made redundant but would pay at the end of the month as he had another job.(10 days late) still has not paid and will not answer phone when Agent rings.
We went to house and he was in but closed the curtains and would not open door. We went to see his Mother as she is guarantor and she said he did not have a job but she would pay the months rent as her Son told her the Council will pay his rent in future.As he is a single man we know he will not obtain full rent for a two bedroom house.Mother has not paid rent and despite signing a No Pets Agreement there was a large dog at the property.
Agent says we must give him 2 months notice as per the agreement.
As he has broken his side of the agreement, by not paying rent and having a dog there why should we?
My friend wants to change the locks, What will be the consequences?
This house was purchased to yield income as my friend is retired!
Thank you.

lemontree

So he and his dog can stay there Rent Free Amazing!!!!!!!!!!!!!!!!

Thrugelmir

lemontree wrote: »

This house was purchased to yield income as my friend is retired!

Your friend is running a business. So must accept the risks and rewards that go with same. Certainly not advisable to depend on the income as being guaranteed.

*Robin*

lemontree wrote: »

My friend has rented a house via an Agent. Tenant paid Deposit and first months rent.
He rang Agent to say he had been made redundant but would pay at the end of the month as he had another job.(10 days late) still has not paid and will not answer phone when Agent rings.
We went to house and he was in but closed the curtains and would not open door. We went to see his Mother as she is guarantor and she said he did not have a job but she would pay the months rent as her Son told her the Council will pay his rent in future.As he is a single man we know he will not obtain full rent for a two bedroom house.Mother has not paid rent and despite signing a No Pets Agreement there was a large dog at the property.
Agent says we must give him 2 months notice as per the agreement.
As he has broken his side of the agreement, by not paying rent and having a dog there why should we?
My friend wants to change the locks, What will be the consequences?
This house was purchased to yield income as my friend is retired!
Thank you.

Please suggest your friend joins a landlord's association.
Do not visit tenant [or his Mum] without giving notice.
On no account enter property or change locks.
Consequences of breaching tenant's 'quiet enjoyment' - even if he's behind with the rent - are likely to prove expensive for the landlord, and a load of hassle (ie. court case against landlord).

ACG

It wont help for now but in future take a look at this http://www.rentontime.co.uk/

You need to consult a solicitor on how to best proceed really.

lemontree

Thanks ACG Solicitors are expensive and there is a mortgage on the house.
It would seem that although the Agent charged for checking the Tenants finances, he did not have a job and we stipulated workers only!

sandsni

If the tenant is getting housing benefit I think your friend can apply (once the rent arrears is over 2 months) to have it paid directly to her, but she'd need to check with whatever authority is paying it. As you say, it's quite possible it won't cover the full rent but at least it would be something.

Even after the end of the tenancy agreement, if the tenant refuses to leave your friend will have to go through the formal eviction process which, from what I've read, can take months. Presumably it was designed to prevent LLs from kicking people out of their homes at the drop of a hat, but unfortunately it means that people like your friend can end up with non-paying tenants they can't get rid of for months.

Did your friend protect the deposit in one of the schemes and provide the tenant with the prescribed information within the specified time limit (depending on where she is in the UK)? If she didn't protect it (and provide the prescribed information) she could have bigger problems than unpaid rent (eg a fine of up to 3x the deposit amount).

Your friend would be advised to join a LLs association and read up on all the rights and obligations of being a LL as she doesn't seem to know the law very well in that regard.

sandsni

ACG wrote: »

It wont help for now but in future take a look at this http://www.rentontime.co.uk/

You need to consult a solicitor on how to best proceed really.

This link is coming up as risky by my McAfee. Is it dodgy or is my software just paranoid?

lemontree

The Deposit is protected and a fee paid to the Agent.

sandsni

lemontree wrote: »

Thanks ACG Solicitors are expensive and there is a mortgage on the house.
It would seem that although the Agent charged for checking the Tenants finances, he did not have a job and we stipulated workers only!

Unfortunately your friend has found out the hard way that Agents aren't always particularly thorough in their referencing or follow-up. Many of them are only interested in getting the property filled so they can get their fee. Ultimately the buck stops with the LL so it's always wise to keep the Agent on a short leash until you are sure they can be trusted to know what they are doing.

lemontree

My friend is a very honest man and is horrified to learn that a fraudulent tenant has so many rights whilst he as Landlord has none.