Problem tenants

Sparky29

I am not a buy to let landlord. I own a property that I have let out due to my job taking me two and a half hours away. My tenants have lived there for three months but have not paid the rent on time. They come up with a different story every month for non payment. The rent for this month has still not been paid and they do not answer my calls. They are both employed and have chosen not too pay.

Can I terminate a six month shorthold tenancy agreement early on the grounds of persistant late/non payments? I understand that I have to give them 2 months notice to move. What is the correct procedure to notify them and recover possession of my property?

I am not a heartless landlord. I let them move in two weeks early for free due to another sob story and they are just taking the p*ss.

Thanks for any advice.

BobProperty

Have a search round here and some of the landlord sites, RLA, Landlordzone etc. You can claim possession for non-payment and continued non-payment / lateness of payment but IIRC you have to convince a judge of it. (Section 8 part ? ) It may be worth taking this action and issuing an S21 notice to get them out at the end of the 6 months as you won't know which will be quicker. Either way you will need court action to convince them you are serious about it now.

Sparky29

I have just managed to contact the tenant by using my wifes phone (they haven't got her number). She was quite surprised to say the least when I answered!

This months excuse was that she gets paid every four weeks and didn't get paid until 3 August. Told her thats not my problem and that the tenancy agreement says I should be paid on the first. Sounds heartless but he is a taxi driver and gets paid every day he drives. There is no reason he cannot pay me at any time of the month. I have bills to pay as well and need this money. I am not a professional landlord.

dmg24

This months excuse was that she gets paid every four weeks and didn't get paid until 3 August.

I have never understood this as an excuse. Surely she got paid four weeks ago, and should have budgeted for the rent?!

BobProperty is right, and in the experience of the landlords I know, it will take the six months to get rid.

olly300

Sparky29 wrote: »

This months excuse was that she gets paid every four weeks and didn't get paid until 3 August. Told her thats not my problem and that the tenancy agreement says I should be paid on the first. Sounds heartless but he is a taxi driver and gets paid every day he drives. There is no reason he cannot pay me at any time of the month. I have bills to pay as well and need this money.

People like this annoy me. There is nothing stopping them paying their rent early. I use to when I was a student and knew by the end of the term I would be on my overdraft.

CYBERCIDERSAVER

Surely your tenancy agreement states tha rent is to be paid in full at the start of the month.

Rather than kicking them out straight away, perhaps remind them of this fact and tell them to set up a directdebit/standing order, or you will serve notice on them.

Last thing you want is the houseempty for any length of time and it'll probably cost you to clean the place up for new tenants.....

Sparky29

She said that the money will be paid in the bank tomorrow. I won't hold my breath.

I think the best idea will be to try and get the rent this month and then that will take them up to the 4 month point. As I understand it I will then be able to give them two months notice as per section 21 of the 1988 housing act and then apply for eviction when they don't move out. Is this right?

You say I can claim possession for non-payment and continued non-payment / lateness of payment but IIRC you have to convince a judge of it. (Section 8 part ? ). Do you mean apply for it now and how much does this cost?

Sparky29

CYBERCIDERSAVER wrote: »

Surely your tenancy agreement states tha rent is to be paid in full at the start of the month.

Rather than kicking them out straight away, perhaps remind them of this fact and tell them to set up a directdebit/standing order, or you will serve notice on them.

Last thing you want is the house empty for any length of time and it'll probably cost you to clean the place up for new tenants.....

1. The tenancy agreement does say that the rent is to be paid on the first of the month.

2. I have reminded them every month and he doesn't want to pay by standing order because he is a taxi driver and deals with cash (doesn't want the Inland Revenue to know too much)

3. I don't have lenghthy voids. Its in a good area with a very good primary school around the corner. There are loads of shops, pubs and good transport links into the City centre. The last two times I advertised I got in excess of 25 calls each time.

I have always had good tenants but this time I think I have made a mistake. Better to cut my losses sooner rather than later.

BobProperty

It's a long story as to why I haven't got my landlord notes with me. Check it out on Landlordzone, the RLA site and singingpig. They are full of landlords who will have done what you need to do, or at least know the current correct process to follow. Yes you will have to apply to a County Court and it will cost you (£130 IIRC).

CYBERCIDERSAVER

In that case I would kick em out and inform HMRC of his cash hunger and his fowarding address. I hate scum like that.

Sparky29

I think it will be unlikely that he will give me his correct forwarding address. However, I did make sure that I got his real name and previous registered address off his driving licence. I'm sure the tax man could use that info.

I have got to strike a balance here though. I have had the usual advice from some mates about going around and "having a word" but that is harrassment and at the end of the day he will still have the keys to trash the place before the law gets them out. The tax man might be best saved for a later date.