Changing Locks

sandsni

lemontree wrote: »

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.

I encountered the same steep learning curve when I agreed to help my parents with their rental property a couple of years ago. Letting property is no longer the easy option for generating income it once was. I understand where your friend is coming from, but the best thing is to accept this as an expensive lesson in being a landlord and hopefully be a bit wiser next time.

Guest101

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.

Not to sound harsh, but your friend is an idiot. These are basics of being a LL.

I would suggest:

1: She and or you, or anyone else, does not go round to the house, or his mothers house. NEVER EVER change the locks, your friend really could end up in prison.

2: How long left on the tenancy? Serve notice, so that when it is up, your friend can go to court and gain legal possession. ( DO NOT CHANGE THE LOCKS BEFOrE SHE HAS BEEN TO COURT)

3: You and your friend are bordering on harassment, so stop trying to contact the tenant like you have been.

Guest101

lemontree wrote: »

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.

Your friend (Thought it was she, you say he) should be an educated man then, instead of honest.

He has plenty of rights, and when two months in arrears can serve a s.8 notice.

Your friend needs to learn their rights.

G_M

PasturesNew wrote: »

Can't change the locks - could end up in prison. (Protection from Eviction Act 1977 )
Can't just turn up at the door randomly - illegal. (Protection from Eviction Act 1977 )
Can't get him out until at least the end of his original agreement (6 months? 12 months?)
Can't go banging on his mother's door asking about payment (if I understand you correctly) - could end up in prison.(Protection from Eviction Act 1977)

Mostly right but:

Can get him out until at least the end of his original agreement (6 months? 12 months?)

Once he is behind with two months rent (ie one day after non-payment of the 2nd rentpayment due date), issue a S8 Notice (ground 8) for rent arrears. (Example S8 ).

Go to court.

If he is still 2 months in arrears on the court date, the court MUST grant a possessionorder, and then you can legally evict.

Housing Act 1988

I_have_spoken

despite signing a No Pets Agreement there was a large dog at the property.

You could issue a Section 8 on Ground 12 "The Tenant has breached any term of the tenancy agreement (other than one relating to the payment of rent)."

Unlike non-payment of rent, eviction of this ground is at the discretion of the Court.

Regardless, I'd serve a S.21 now, esp. if it's a 6 month AST or there's a break clause.

Mother has not paid rent

If the mother has signed a Deed of Guarantee Form then you can pursue her for arrears at once. Send her a 'notice before action' giving her one last chance to settle the debt before you go to Court. Even if she's unwaged, Court appointed bailiffs can seize telly etc.

Agent says we must give him 2 months notice as per the agreement.

From what you say, the Agent sounds totally incompetent. I'd be asking to see all paperwork relating to deposit protection to ensure your S.8/S.21s are valid.

Worst case scenario is the tenant seeks advice from Shelter and takes-up with a pregnant woman. Then you can whistle for any rent money for at least 6 months, probably 12, while they live it up on benefits.

whalster

As has been said above it is a steep learning curve then continuous learning.
Personally I always try to contact the tenant if the rent is late ,even a day late they get a text in a friendly way asking if there is a problem ,and I would then always go around to the house if could not get in touch after say a week and the guarantors house .you are only trying to ascertain what the problem is ,nothing more .
However people who can!t pay often bury their heads in the sand ,if they are genuine enough then work something out payment wise with them .
Sadly your friend has used a letting agent so will not have the full measure of the person in the property they maybe won't pay ,the guarantor has no money either ,have a talk with the guarantor again weigh up their lifestyle the guarantor can often work as a very effective tyre iron in getting the tenant to relinquish a tenancy early once you have pointed out that you will claim the money through the courts from them and if their credit rating is shot to pieces with a CCJ they will not even get a new mobile phone DFS sofa etc.
The tenant moving out early of their own free will is the best result you will get forget the money however don't forget to get a signed document from them confirming this

TopQuark

lemontree wrote: »

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.

Actually OP, that is not correct. If a LL is careful, knows the law and their responsibilities, and acts accordingly, they have virtually all the rights.

Your friend only has himself to blame - he might be an honest man but he also obviously thought that he could set up a business to make easy money with little thought to the risks and responsibilities of running said business. That includes due diligence on the agent too.

The laws that he now finds himself foul of are there to prevent people being booted onto the street at a moment's notice on the whims or malice of LL, as someone has already mentioned. Occasionally, there will be tenants who can't or won't pay the rent. It is up to the LL to verify prospective tenants adequately to guard against this. That said, reliable tenants can lose their jobs, health, families etc and things can turn bad. This is just a risk that a LL must accept when running a letting business, however small.

princeofpounds

As a couple of the others have said, you need to follow the section 8 process and the section 21 process in parallel. If he pays no more rent the you can have him out in maybe 3-4 months?

You should also apply to the local authority to have his housing payments made direct to you. I think this is easier after 8 weeks but sometimes they will do it earlier according to some people who have posted on the board in the past.

As for the agent; do you have proof you requested working tenants only? Then make a written request for the exact referencing details. If the don't match up you may have some kind of claim (though more likely for their fees rather than the whole missing rent)

tim123456789

PasturesNew wrote: »

Can't change the locks - could end up in prison.
Can't just turn up at the door randomly - illegal.
Can't get him out until at least the end of his original agreement (6 months? 12 months?)
Can't go banging on his mother's door asking about payment (if I understand you correctly) - could end up in prison.

Of course he can turn up at the door randomly.

what he can't do is harass the tenant but just knocking on the door once isn't even close.

and he can get the tenant out before the end of the tenancy - if they are 2 months in arrears (though, of course he has to go to court to get that)

tim

tim123456789

lemontree wrote: »

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.

he isn't a fraudulent tenant. He's a tenant whose position has changed because they have lost their job

tim