Problem tenants

olly300

Sparky29 wrote: »

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)

1. Check out how to issue them with a Section 21
2. When the contract is up either report him for tax evasion either on the phone "
The Hotline can take your call on 0800 788 887 (Lines are open Monday to Friday 8am to 8pm, Saturday and Sunday 8am to 4pm) "
OR online https://www.taxevasionhotline.co.uk/

It is anonymous.
BTW I have been informed by a few people in different trades/jobs that if you are self-employed and are not earning what the inland revenue expects for your job they may investigate you.

tomstickland

You should have a word with them, explaining that you are unhappy with their payment record and want to see an improvement.
Since it takes 2 months notice for them to leave, isn't it easier to just let the 6 months run, now you're at 3 months.

Sparky29

Thanks Bob Property for those websites. They are pretty helpful.

real1314

What does the tenancy agreement say about late payments?

Many include charging interest, and possibly a fee to cover the costs of notifying a breach in tenancy terms.

I find that on the first instance, a letter (without charge) pointing out that a charge for such letters will apply if any future payments are late does a lot to focus minds. (always keep a copy off all letters too).
Phone calls are all well and good, but black and white delivers the message a little harder.

Perhaps include a clear statement of the dates the rent is due over the next few months?

Also from what you've said, there are no rent arrears beyond the current month? Do you want a short void period (even a couple of weeks is likely to be a couple of hundred quid lost) or do you want to sort out things with the current lot? I'd go with letters and make a decision after a couple more months. You know more about your situation though.

Sparky29

tomstickland wrote: »

You should have a word with them, explaining that you are unhappy with their payment record and want to see an improvement.
Since it takes 2 months notice for them to leave, isn't it easier to just let the 6 months run, now you're at 3 months.

If I do get this months rent tomorrow as promised I will probably send them a letter to inform them that if the rent is not paid by standing order the contract will not be renewed. I've also just got this feeling that I would be better off getting rid of them sooner rather than later. I don't really want to jump the gun and spend £130 for eviction proceedings if it is unnecessary.

I have read post before on here where the people on here are very liberal and anti-landlord but I have only had four tenants in 9 years. Three of them have had their deposits back in full (although the property required repairs, full cleaning and redecoration) and the fourth tenant (Family - never again!!) I had to go to the small claims court for rent arrears when they stopped paying when they knew I was out of the country. I keep the property in good order and all repairs are carried out asap. I am feel I am a fair person but don't like people taking liberties (sound all Grant Mitchell there!!) I hope I do not come across as being callous in dithering about should I/ shouldn't I evict them.

Sparky29

real1314 wrote: »

What does the tenancy agreement say about late payments?

Many include charging interest, and possibly a fee to cover the costs of notifying a breach in tenancy terms.

I find that on the first instance, a letter (without charge) pointing out that a charge for such letters will apply if any future payments are late does a lot to focus minds. (always keep a copy off all letters too).
Phone calls are all well and good, but black and white delivers the message a little harder.

There is no reference to late payments in the contract. I think this is an excellent idea as an amendment for future contracts, especially charges for letters. Nobody likes to pay for solicitors letters. It would "focus minds" every month.

alijay_3

Section 21 notice for prossession needs to be served before the last day of the 4th month of the tenancy to get them out at the end of the term. If they have been persistently late paying, you can aso issue Section 8, Ground 11 in which case they do not need to be in arrears. The notice period for this is two weeks, but as it's classed as a 'discretionary ground' it's not carved in stone that a court would agree - hence serve S21 as backup.
Keep copies of all correspondance and if possible, deliver the notices by hand & have someone witness you doing so. This means thay can't argue they never received it.
They are in breach of contract by not paying rent on time so don't feel bad about it. Definately DO NOT go round & get heavy with them, or keep calling them up - they could sue you for harrassment (I know - it's mad). Best to keep your cool and put everything in writing. If they cause any damage, presumably you have their deposit to offset repairs etc?

Regards Alijay
(independent letting agent)

real1314

Sparky29 wrote: »

There is no reference to late payments in the contract. I think this is an excellent idea as an amendment for future contracts, especially charges for letters. Nobody likes to pay for solicitors letters. It would "focus minds" every month.

Is there a reference to letters for "breach of tenancy"? Paying rent late is a breach.
I don't often enforce this aspect but it's a useful tool to keep things on track.

Innys

As ever, you have to balance up the aggro of taking them to Court, with no guarantee they will pay even if the Court finds in your favour, with the cost of them not paying the rent.

Fron what you have said I assume they have always paid, just paid late. If they hadn't paid at all, that would be a different matter and it is, in my view, a far harder call to make.

As for you, effectively, funding their lateness, did you take a deposit? If so, can't you use that to fund your mortgage payments on a temporary basis until their rent (eventually) comes through?

I'm not proposing you give them an easy ride. I'm a landlord myself and know how much of a hassle it can be in getting the rent off some of my tenants.

For example, last year one of my tenants was always at least one week late in paying his money in comparison to his flatmates. I had to phone him every month and each time it was the same excuse "The Bank messed up". When the tenancy came up for renewal I told them all that it would only be renewed if Mr Late paid on time. So far, I have had no problems.

In summary, I think you should grin and bear it and not extend the tenancy. However, I think it would be good to dob them in to the taxman. After all, why should they avoid tax but the rest of us have to pay it?

I

roses

Have their been any court clases brought against a landlord for going round & kicking the tenants out in person for non payment of rent? I know it's illegal and two wrongs don't make a right but sometimes it's a lot less hassle.