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Tenant not paid

13

Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    In 26 years of being a landlord with multiple properties (currently we own 8 investment properties) I have only issued legal proceedings against one tenant.

    Believe me it just doesn't get better when you watch the magistrate tear them a new *rse, when they continue with the pathetic drivel that they think passes as a plausible excuse for not paying the rent. For example when my ex tenant said 'I'm in the process of buying my own flat, and I had to pay a deposit to my solicitor, so I couldn't pay the rent for a couple of months'.
    magistrate??...
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Exactly:. So either way Landlord wins.
    Yes I just think the OP wanted to be vengeful and 'screw over' the tenant
  • chucknorris
    chucknorris Posts: 10,795 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 16 December 2016 at 6:38PM
    Guest101 wrote: »
    magistrate??...

    Sorry, I've had a judge once, all other (licensing) experiences in court have been with a magistrate, hence the slip, so a judge in that instance, but that doesn't really detract from the point of my post, the point still stands.
    Chuck Norris can kill two stones with one birdThe only time Chuck Norris was wrong was when he thought he had made a mistakeChuck Norris puts the "laughter" in "manslaughter".I've started running again, after several injuries had forced me to stop
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    * has a valid S21 Notice been served? I'm assuming you want the tenant to leave when the fixed term expires come what may rent-wise, so it would be wise (belt and braces). Ask your agent.

    * If the tenant leaves owing rent, then depending what the tenancy agreement says about the deposit, you can probobly use the deposit to cover the rent. Read the TA!

    * if the deposit is not enough to cover the rent owed, or there is additional damage, you can sue the tenant

    * if any rent is owed, you can serve a S8 G10

    * if 2 months rent is owed, you can serve a S8 G8
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    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).
    Is he still there?
  • csgohan4
    csgohan4 Posts: 10,602 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    what if they don't have a forwarding address or refuses to give one, how will you sue them as they need to be served CCJ?
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    I wonder if the tenant stopped responding to your agent because he got tired of being hounded to sign an unnecessary renewal which undoubtedly came with a fee.

    I wouldn't be surprised if the tenant has already left or is planning to leave by the end of the fixed term after being harassed (or at least the tenant feels harassed) by your agent.

    Not that it excuses him from paying rent. Maybe he's just playing games with you and you'll eventually get your money or maybe the tenant does just want it deducted from his deposit, who knows. Whatever the reason you need to remember that this is just business and out of all the potential tenants interested in the property you picked him.

    Is there any chance your agent protected his deposit late or didn't issue the PI? It might be worth checking in case the tenant is gearing up to sue you.
  • No tenant is still there. Agency haven't been hounding him

    He's actually responded now saying he has had money issues and is definitely moving out. I no for a fact he hasn't had issues but long as he goes i'm happy. He's had no issues last couple of weeks letting people come round and view.


    He has been really weird about stuff he wanted sorting or saying he didn't cause so do think he was worried about not getting his deposit back, no matter how much reassurance we tried to give.

    Weird thing was he asked for one of the bedrooms painting last month as it was too 'girly' - which we did. Bit strange if he wasn't staying. I didn't mind though as it is better for any new tenants.
  • No tenant is still there. Agency haven't been hounding him......
    Why would they, the longer he stays the longer they keep charging YOU their %.

    Have YOU served your tenant any notices yet or started small-claims action??
  • Why would they, the longer he stays the longer they keep charging YOU their %.

    Have YOU served your tenant any notices yet or started small-claims action??

    well the previous questions asked if he was being hounded to sign a renewal which could annoy them.

    his notice has been served - i haven't started small claims yet. If he doesn't leave I will - dont want him smashing up my house for no reason if he is going.
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