help new to this unresponsive tenant

red_devil

My dad who is retired has recently rented out a garage for extra income to help with retirement.

The couple who rent it store bric a bric in there and furniture. Its full of stuff. Anyway they have been paying rent and all was amicable etc, they were paying my dad cash or a cheque and bought it round on the first of the month no problem.

They havent paid this month even though they have briefly visited the garage. Normally they would come to the garage then come and pay as home and garage are very close together.

Feeling something was wrong my dad went to their house and politely asked about rent. He was told they would call round later with it. They didnt show up. He gave it a few days and then rang and left a message saying he would pop round later as nobody answered the phone.

They seem to have changed they arent as friendly or reliable as they were. My das is trying to keep it light and as he is new to it and hopes it to be solved and they carry on paying.

However he needs the money and dosent want to keep chasing them. What should he do next. At what stage does he ask for his key back and ask them to remove their stuff! What does he do if they wont do that? How many times would you chase them up?

Thanks.

princeofpounds

I'm sorry, it's not an area where I have much confidence in my reply, but I believe this will just be a contractual commercial lease.

So, is there a contract?

If not, it's probably just a case of giving reasonable notice. But hopefully someone can come along and confirm that for you.

If they leave stuff on site, then you have duty to look after it for a reasonable period, make reasonable efforts to contact them and allow collection. You can also make reasonable storage charges and I think ultimately sell stuff to recoup them. Google 'bailment' for more information.

theartfullodger

I cannot read the tenancy agreement from here: What does it say in answer to your questions, please??

Has he been declaring the rental income to HMRC??

red_devil

Yes been declaring the money. They drew up a goodwill agreement between them and both signed.

G_M

As prince says above.

Let's assume (reading between the lines) that this arrangement was set up informally (cash payments etc oh! and I echo artful's comment about tax!) and there is no written contract, and no agreement at the time (written or verbal) about notice.

Since rent is paid monthly, reasonable notice would be a month. I would write 2 letters saying (keep it brief, perhaps bullet points):

Letter 1:

1) remind them of the date rent became overdue
2) remind them of each occassion you have requested the rent, and their replies
3) request the rent be paid on receipt of the letter
4) warn them if not received by xx/xx/2014 you will end the contract

Letter 2: (if rent still not received)
1) take the letter as formal notice to end the contract on (1 calender month, or perhaps last day of next month)
2) infom them that if the garage is not cleared by then, you will clear it yourself and put the contents ino storage
3) they can collect it from storag on receipt of
a) the outstanding rent
b) the cost of the removal men
c) the storage fees
4) if they don't pa & collect from storage within a further month you will sell the contents, use the money to cover the costs in 3), and send them any money you make above that.

edit: just seen your post above: what does the agreement say about notice? Or arrears? Or the length of the contract/arrangement? Come on! We aren't psychic!

red_devil

The contract said we would give each other 3 months notice if we didnt want to continue either party.

Are you allowed to prevent access if no money is forthcoming?

Guest101

red_devil wrote: »

The contract said we would give each other 3 months notice if we didnt want to continue either party.

Are you allowed to prevent access if no money is forthcoming?

I would say no, a letter first, with the proviso of court action if not paid within 14 days.

I would be wary of preventing access as a breach of contract on both sides never looks good in court.

red_devil

Who says it has to go to court though?

theartfullodger

red_devil wrote: »

The contract said we would give each other 3 months notice if we didnt want to continue either party.....

Oh dear: Next time 1 month and something covering what happens if no rent paid.

There are garage tenancy agreements you can use out there.. (Google is sometimes your friend...)

Serve the 3-month notice today!

(Mind you I've a garage tenant who owes shed-loads of money: But he is v v v sick... so I've decided to be considerate.... )

jjlandlord

red_devil wrote: »

Who says it has to go to court though?

That's the way you legally seek to enforce payment if they don't pay up.

Asking Big Tim and his mates to pay the debtor a visit is not a good idea...

AlexMac

jjlandlord wrote: »

That's (court action's) the way you legally seek to enforce payment if they don't pay up...

Not necessarily. You can enforce the ending of a commecial lease for non-payment of rent via 'peaceable re-entry'.

I've done it myself, without baliffs or court action; and that was for shops on Brixton's 'front line' on Railton Rd just offColdharbour road.

And I didn't take Big Tim with me....

Google it - for example http://www.lees.co.uk/news/landlords-right-of-peaceable-re-entry/