Tenants late with rent, again.

KathrynPenguin

Last month my tenants were late paying their rent (the prevous 6 months were paid in advance). They also failed to return the new AST I sent them. Following advice on here I hand delivered a letter offering them a grace period before penalty and the rent was paid on the last day of this period. No contract returned.

This month the rent was due on 21st Sept, on 25th Sept I sent a reminder letter, with another contract via recorded delivery. They didn't answer the door to the postman who left a card and they didn't collect the letter, the post office tried re-delivery but the letter still didn't get to them. On 5th October I had a letter delivered by hand, they wouldn't open the door to my mother although she saw people coming out of the house as she arrived and another visitor going in as she drove away. This letter told them the rent was due with the penalty fee.

As of today there is still no rent in my account and the mortgage is due next week (I got a BTL on this house to enable me to move out quickly to get away from my drunken abusive husband). Should I threaten them with eviction and court fees in my next letter? There is clearly no point in trying to talk to them as they simply won't answer the door and I don't have their mobile numbers.

I have already made arrangements to lodge their deposit with deposit protection service which I understand I need to do before I can issue a section 21. Frankly I don't want them living there if they cant pay the rent on time and can't even contact me about it. I will find new tenants and consider selling the property.

Any advice would be welcome.

sooz

What date did they move in?

Why did they pay 6 months in advance? (poor credit history etc?)

If you want them out quickly, don't persue the signing of the new contract. On a periodic contract, which it becomes by default, you only need to give them 2 months notice, still using a section 21, but a slightly different numbered from. However, you still need to get the dates exactly right.

Finally, stop going there in person (or sending your mum), send 2 copies, one recorded, and one first class (when the post is working again)

sooz

Also, why are you NOW trying to register their deposit? What date did they move in, was it before or after 6th April 2007?

KathrynPenguin

They moved in in December and they paid for the first 2 months up front then the 6 months in advance because they wanted to, she had just sold a property (she didn't sell it until February that's why they didn't pay the six months in the first place). Therefore their 6 month AST ran out in August.

I have everything in writing, they were initially found through a letting agent on a one off fee basis so all the dates are documented.

Delivering letters by hand it the only way to be sure they get them, I delivered the first one on a Sunday and I didn't knock. Mum delivered this one on the 5th as goodness knows when they would have got it otherwise, I suspect this postal strike is going to cause a backlog that will take a while to clear. And they say on the news that another one will start next week so frankly I'm loathe to send anything via Royal mail at the moment.

I've only recently come across the depost protection stuff, reading messages on here and reading into it I see that 53% of landlords still know nothing about it.

sooz

Ok - if they moved in in December 06, and have not signed a new contract since, then they are on a periodic tenancy.

As long as they have not returned a signed contract back from you after 6th April 07, you do not need to register their deposit.

Post the exact date that is on your initial AST, for help with the section 21. Also, how are they normally meant to pay you - is it monthly? Again, you need to refer to your initial AST (ignore any unsigned copies)

Edit - if they moved in December, how can their 6 month AST have ended in August???? Did you give them a two month contract, then a 6 month one?

black-saturn

You could try sending it by another company such as DHL which have quite reasonable rates for letters.

If it were me I would issue them with their notice. You don't have to knock on the door and give it by hand, putting it through the letter box is enough. Keep a copy of it and start cour proceeedings as soon as their time runs out. But be warned you might be in for a long fight! Someone I know took 6 months.

sooz

Finally, if you want to deliver notices by hand (or by mum) get a witness along with you, that day's newspaper, and take a photo as you put the letter through their letter box

sooz

black-saturn wrote: »

You could try sending it by another company such as DHL which have quite reasonable rates for letters.

If it were me I would issue them with their notice. You don't have to knock on the door and give it by hand, putting it through the letter box is enough. Keep a copy of it and start cour proceeedings as soon as their time runs out. But be warned you might be in for a long fight! Someone I know took 6 months.

True, but she needs to make sure she gets the right date and right section 21 notice. It depends on what contract they have, and what date it started.

Doozergirl

Why are you sending them new contracts if they aren't paying on time! :eek: And you defintately don't need to register their deposit.

I think you need to serve them with the Section 21 now...

I am a good tenant. I would never dream of paying late and if there were some reason that it would happen then I would get my husband to call and explain! I couldn't apologise enough.

You need a good tenant. Or just to get shot of the house and the associated hassle of being a LL altogether

CYBERCIDERSAVER

I agree with Doozer... find yourself new tenants.

We pay our rent on the 30th of every month for the following month (1st is our date of moving in.) We have a standing order so it always goes ON TIME.

How difficult is it to be a good tenant????

I can understand why Landlords get arsey with deposits when they are treated like this by their tenants.

mr.broderick

pm me and i'll have them removed for you:cool: