Tenant not paid

John_Jizzle

Hi my tenant hasn't paid his last months rent. It's his last month so I'm guessing he just going to leave at the end and expect me (actually the agency) to take it out of this deposit.

The tenant has been really demanding and to keep him happy have done everything asked of - so to do this has really got to me. I know he's got a really good job (few hundred a day), so it's not a money thing.

Hopefully he just leaves at end of tenancy with no issues. If he doesn't leave I do have an urge to just go round grab him and throw him out and face the consequences of what might come legally!

I know I need to keep calm and hope for the best but any advice welcome!

theartfullodger

Who has given what notice to whom relating to the end of the tenancy?? Unless there is a court possession order - and even then, until bailiffs evict - he doesn;t have to leave.

However you presumably will already have served an s8 notice, at least ground 10 (can be served if only 1p is underpaid for only 1 day). I would do so anyway, then after he has gone sue him for unpaid rent using small-claims route.

I'm not keen on tenants who break contracts (in this case not paying rent) - nor agents likewise, nor landlords, likewise.

Guest101

John_Jizzle wrote: »

Hi my tenant hasn't paid his last months rent. It's his last month so I'm guessing he just going to leave at the end and expect me (actually the agency) to take it out of this deposit.

The tenant has been really demanding and to keep him happy have done everything asked of - so to do this has really got to me. I know he's got a really good job (few hundred a day), so it's not a money thing.

Hopefully he just leaves at end of tenancy with no issues. If he doesn't leave I do have an urge to just go round grab him and throw him out and face the consequences of what might come legally!

I know I need to keep calm and hope for the best but any advice welcome!

HAHAHA oh you are funny.


Don't forget the baseball bat and John and Tony from the pub, to give him a good kicking...


- On a serious note, you'd be commiting a criminal offence and the tenant could sue you for approximate £250 per day that he or she was not allowed access + costs

John_Jizzle

he had a 12 month contract which was coming up for renewal and has just stopped replying. Agency is dealing with all paperwork but have sent the s8.

If he doesn't pay and we take money from the bond - can I still sue him for something. I'm not too fussed about the money (will even pay more to go to court) would just like to show that you can't just do this kind of thing!

John_Jizzle

Guest101 wrote: »

HAHAHA oh you are funny.


Don't forget the baseball bat and John and Tony from the pub, to give him a good kicking...


- On a serious note, you'd be commiting a criminal offence and the tenant could sue you for approximate £250 per day that he or she was not allowed access + costs

yeah i'm not going to actually day it, but really feel like it!

how about if I just go round and take all the doors off...

Guest101

John_Jizzle wrote: »

yeah i'm not going to actually day it, but really feel like it!

how about if I just go round and take all the doors off...

Then you could be charged with criminal damage, theft and harassment. (as well as being liable for any damages that occur as a result of your actions - e.g. burglary)


Look there's only 2 ways you can end the tenancy and that's via the courts or mutual agreement - anything else is likely to lead to either a civil or a criminal claim against you.

Guest101

John_Jizzle wrote: »

he had a 12 month contract which was coming up for renewal and has just stopped replying. Agency is dealing with all paperwork but have sent the s8.

If he doesn't pay and we take money from the bond - can I still sue him for something. I'm not too fussed about the money (will even pay more to go to court) would just like to show that you can't just do this kind of thing!

firstly does your tenancy allow you to take it from the deposit (and is the deposit protected?)


secondly yes you can still pursue him through the courts.


So far all he's done is be late with one rental payment, have you actually asked why? They could simply have cancelled the wrong standing order

cloo

Thing is, the deposit and money for the rent are legally separate things - I don't know the extent to which the tenant can just let you take rent out of their deposit, or rather whether, if they want to be a massive PITA, they might try to reclaim the deposit because strictly speaking it shouldn't be used for rent. Anyone, someone else can probably express this better.

John_Jizzle

he's just completely stopped replying to the agency now so not getting any response (which is why i'm hoping he does just leave at the end).

It's a proper agency so everything will have be done correctly when setting it all up (not actually sure we can get it from the deposit but agency said we could)

theartfullodger

John_Jizzle wrote: »

..................It's a proper agency so everything will have be done correctly when setting it all up ..............

that's the funniest thing I;'ve seen on MSE for ages... Well, it would be funny if it wasn't so tragic.

Sir, I admire your optimism: Do you realise the risks you have been running??

You do appreciate, I presume, that he doesn;t have to leave to the end of his fixed term &, if he stays, the tenancy continues, forever, as a month-by-month "perioidic" tenancy? (Assuming rent payable monthly and in England or Wales)

John_Jizzle

yeah I understand it goes to month by month but if he hasn't paid soon that's 2 months rent he has missed - i read this is when i can start to move to legally get him out.

At the end of the day i know i'm going to lose some money over this and tenants seem to have all the power. I can't even take it as a lesson learned as we have done everything we can (bond/references etc.)

I'm just thinking of ways to make him pay....