Rent Recovery

bath_rd

I have a tenant that owes 7 months rent to date. I've instructed my solicitor to start proceedings to recover the debt and eviction.

From experience, on average, how succesful do you think I will be when trying in acheiving the above processes?

How long will it take before property is recovered?

Will it be easier for a local agent to look after the property during this process because I live some distance away from the property?

scrummy_mummy_2

Read the following link...it should provide you information on the actions you have instructed upon.
To answer your questions more precisely you would need to provide us with some more details such as the dates of the tenancy agreement and what route your solicitor is going to take.
http://www.letlink.co.uk/letting-factsheets/factsheets/factsheet-8---claims-for-possession-the-section-8-notice.html
Read factsheets 8 and 21 then post again with any questions.

In general...it will take about 2 to 3 months to get the house back once a Section 21 Notice has expired and you file at the courts.
How long it will take you to recover rent arrears is a whole differnt issue and a strategic one as to whether you want to write it off or chase them and keep throwing good money after bad....you see, even if you get the rent arrears awarded, they may just never pay!
Also, if you try to regain possession under Section 8 and they pay ANY of the outstanding rent right up until the hearing, the case will be rejected....

If I was going to handle your problem, I would get them out under S21 and consider how worthwile/likely it was I would ever get the rent arrears back from separate court action to recover this debt.

epz_2

if they aint paid for 7 months then odds are they dont have anything worth reposessing like cars etc and are just waiting to get made homeless so the council have to give them top priority for houseing.


i would guess it depends upon the tenant, do they work and is it legit or under the counter stuff like taxi'ing building work etc, do they have cars in their name etc.

frankly it sound like 1 of 2 things have happened, 1 somone has fallen on hard times or 2 a chancer who knows how to play the system is taking you for a ride.

the 1st option the guy wouln't have any cash and when they get it there will likely be stuff of far higher priority to pay off, 2nd and you have no chance.

i wouldnt hold out much hope, might even be worth saying you will forgive the debt if they just get out and dont wreck the place which is an option, would save you legal and refurb costs at least.

thesaint

epz wrote: »

if they aint paid for 7 months then odds are they dont have anything worth reposessing like cars etc and are just waiting to get made homeless so the council have to give them top priority for houseing.
<snip>.

Two words. Intentionally homeless, :beer:

eatmyfish

bath_rd wrote: »

I have a tenant that owes 7 months rent to date. I've instructed my solicitor to start proceedings to recover the debt and eviction.

From experience, on average, how succesful do you think I will be when trying in acheiving the above processes?

How long will it take before property is recovered?

Will it be easier for a local agent to look after the property during this process because I live some distance away from the property?

Hold on a minute!

You mean you have entered the BTL market without realising it it a business!

You'll lose your shirt :T

epz_2

eatmyfish wrote: »

Hold on a minute!

You mean you have entered the BTL market without realising it it a business!

You'll lose your shirt :T

think thats bad, i was in a bank a few days back fixing there system and saw an advisor vainly trying to explain to a customer that getting a BTL was and investment, like shares etc. her responce was it wasnt cause house prices never went down, its like economic darwinism, the financally weak are going to get slaughtered.

i dont think the op has realised the world isnt full of nice people who pay what they owe, i know loads of folk without a bank account, any assets in their name and a couple that frankly any debt recovery agency would be mental to go near without a firearms licence(they would probably need a swat team to get in their places). if people dont have anything you can take there is sod all you can do.

eatmyfish

epz wrote: »

think thats bad, i was in a bank a few days back fixing there system and saw an advisor vainly trying to explain to a customer that getting a BTL was and investment, like shares etc. her responce was it wasnt cause house prices never went down, its like economic darwinism, the financally weak are going to get slaughtered.

i dont think the op has realised the world isnt full of nice people who pay what they owe, i know loads of folk without a bank account, any assets in their name and a couple that frankly any debt recovery agency would be mental to go near without a firearms licence(they would probably need a swat team to get in their places). if people dont have anything you can take there is sod all you can do.

Should have been:
You think that is bad
their system
an investment (NOT and)
etc.

clutton_2

bath road - had you done some research before you naively embarked on being a BTL landlord - you would have realised that if your tenant had not paid his/her second months rent - you could have given him/her two weeks notice and then gone straight to court - all that time and money you have wasted thru not researching your business - and trying to manage a property from miles away when you clearly have no idea what you are doing ?? - madness, utter madness

eco-friendly_2

I have a tenant that owes 7 months rent to date. I've instructed my solicitor to start proceedings to recover the debt and eviction.

"seemed like a nice couple" :eek:

7 month's before you take any action, OH! DEAR ! OH! EXPENSIVE !

clutton_2

tenant moves in Jan 1 pays first months rent; tenant does not pay rent due 1 feb - (one month in arrears); tenant does not pay rent due 1 March; 2nd march (now two months in arrears) - issue tenant with notice that s/he he must pay all back rent within next two weeks; tenant ignores notice; 15th March landlord goes to court to get possession (£150 court fees); if no rent paid up to and including 15th march judge has no option other than to evict tenant. This is a section 8 notice - clever tenants will tell sob story in court, get a reprieve from court, pay a bit of rent, go home - stop paying rent again - landlord has to fork out another £150 court fees to start all over again.

why am i a landlady !!!!

olly300

bath_rd wrote: »

Will it be easier for a local agent to look after the property during this process because I live some distance away from the property?

NO If you decide to run a business then you have to know what it involves both legally and financially, and be willing to take on those responsibilities.

The LA will not give a damn if you get rent or not. They will not give a damn if your tenants leave the property as a tip or destroy things in it. They will not give a damn if repairs need doing, it takes 4 months for them to sort it out cos they have to ask your permission but can't get through on the phone to you and meanwhile the kitchen ceiling falls in because the repair was originally a small water leak.........

Gosh those tenants saw you coming.......They will probaby move on to the next "investment" landlord.