Tenants late with rent, again.

KathrynPenguin

mlz1413 wrote: »

Your back tracking from getting things sorted, taking a day unpaid off work sounds like a small price to pay for getting your rent or getting your house back.

Also if gas man is there then he is your witness and if you have a polite discussion with tenant (he looks aren't going to change) and he gets nasty or rude then you and gas man leave.

Not sure if you may have another avenue to get them to leave if you can't get a gas safety done due to them - maybe other posters can advise?

I can't take an unpaid day off work, I'm a teacher and it costs the school £150 per day that I am not there. Its too late to get someone for this holidays and next holidays will be too late for the gas check and also I don't think you can pin gas men down to a time (I'm with British Gas). I'm sure they would let the gas man in and even wait in for him (she doesn't work, or if she does she can take a day off - she certainly doesn't work full time). I just cant see me sitting outside half the day waiting for him to turn up.

I will have to have the conversation on the doorstep for my own peace of mind, the only other option is to get the ex hubby to come but he would be more likely to cause an arguement than anyone.

Every letter I've written them contains not only my address but my home and mobile numbers. They are just not contacting me at all.

clutton_2

you cannot let yourself into this property under any circumstances. The tenant has a right to quiet enjoyment. you will be breaking the law if you do. You clearly do not understand landlord and tenant legislation and need professional help - the cheapest way to make sure that you get this court paperwork right is to join National Landlords association and use their website and free legal helpline to complete the paperwork. You may cringe at joining an association for a few months, but, if they get you to complete the paperwork properly, it will save you having to reapply to the court again and again at £150 per application. i know several amateur landlords who have spent months, and in one case 15 months, getting the paperwork right - and it cost them thousands in the end.

Face up it and take some action - they are not contacting you because the are not going to pay the rent - end of. Get them out ASAP with a section 21.

KathrynPenguin

Clutton I never suggested letting myself into this property. TBH it would be difficult as I actually don't have a key (ex hubby had mine the day before they moved in to get the last of his stuff out - he has NEVER given it back.) The discussion above arose from my reluctance to ask to inspect the property as a reason to get in and talk to them, he looks like a thug and I don't want to be in the house alone with them. The suggestion was that I go with the gas man when he does his inspection.

My initial question was really regarding the contract and if it was appropriate to start eviction proceedings. I'm not entirely sure of the contract basis and IF I should have protected their deposit. IF they had returned the AST which I have sent them then I would have protected the deposit but they havn't and I'm wondering if this is now a periodic tenancy and if I need to protect the deposit or not.

They ignored me last month and then paid the rent late. They are 2 weeks late now, I have no grounds to believe they won't pay. However, if they are going to be consistantly late with their payments without the courtesy of contacting me I no longer want them as tenants.

Before I shell out for costly legal advice I thought it a good idea to pick the brains here, if paperwork is to be done I will get a solicitor to do it - I know quite a lot about the law and I know that it works more smoothly when the experts handle it (except in the case of house buying!!!).

sooz

I agree with Clutton.

Join the NLA, (it's tax deductable ) and get access to their fast and friendly telephone advice team, for proper help with how to correctly fill in the section 21 form.

They will advise you on which type of Section 21 you need, depending on whether they think you have a new AST or a periodic tenancy.

And as a member you'll be able to download all the forms you need for this and the next tenancy, and get a huge discount on proper tenant referencing (for next time!)

clutton_2

""costly legal advice" - is going to a solicitor. NLA probably costs less than £100 to join and you have unlimited access to their legal help line.

If you are afraid of this man, i would not even consider going to see him with or without a gas man. do it all in writing. if it comes to court and they defend the case verbal conversations you have had together wont be reported accurately by them anyway.

good luck

sooz

http://www.landlords.org.uk/join.asp

£88 for first year, or £5 discount if you set up a DD

KathrynPenguin

Thanks all thats the best bit of advice! That association sounds very good.

These tenants did have proper referencese, both had clean credit histories too. The agent did all that when he let for me.

I might let myself next time though so it's good to know that there is extra help there with the process.

franklee

KathrynPenguin wrote: »

I think that makes my intentions clear and also that I am no longer offering an AST.

Sorry but did you sign either of the ASTs you sent them in trying to arrange the renewal?

KathrynPenguin wrote: »

I still don't quite understand the whole deposit protection thing - surely I had no obligation until the returned the contract, which they have not done.

I don't think it is that clear cut.

For a new tenancy started after the TDS came in the deposit has to be protected within 14 days of the landlord receiving the deposit. The 14 day clock starting has nothing to do with when the contract is signed or returned.

For a renewal I do not know when the 14 day clock starts, perhaps that's something you should look into?

bikerqueen wrote: »

do they have to return it, or is them signing it enough?

There has to be an offer and an acceptance of the offer. It doesn't even have to be in writing (although obviously in writing is best and easier to prove). So as I said before, but no one is listening, it's isn't clear if the renewal was effective or not.

If the offer and acceptance were done verbally then it gets harder to prove what happened but the (even unsigned AST) would count as proof that the offer was made and presumably accepted in some way or the AST would not have been sent out.

If KathrynPenguin signed the renewal AST then she's obviously in a weaker position.

In short it's a mess IMO. Would anyone care to say that the renewal was definitely NOT effective? I think to be sure KathrynPenguin would need to ask a legal helpline or something or they may know on landlordzone.

coal9011

Are you now asking yourself ........................... "Oh why did I ever become a landlord?"

There's a lot more involved then just sitting back and picking up the rent each month!

Housing Law, Mortgages, rising interest rates, property maintenance, Insurance, Good tenants, Bad tenants, Dealing with lazy Letting Agents, Advertising for tenants, interviewing tenants, appliance safety certificates, Fire Regulations, Income Tax (You have told them?), Court claims, on and on and on and on and on and on and on and on......................... :rolleyes:

Never bothered being one myself

clutton_2

its my understanding from advice at NLA that if you issue a new tenancy agreement to a pre-existing tenant, then you must protect the deposit. franklee is right to ask if you signed the AST you sent - this is a crucial point.

If you did and they signed it - you now have a new agreement - the fact that you do not have a copy is your misfortune. if it came to court, they could produce a legal AST. if it was me, i would lodge the deposit, albeit late, to protect yourself. exactly when did you send them this new AST ?

I would have thought that the fact that the deposit is lodged, would go in your favour, if it ever came to court. This is new legislation after all, and there have been no test cases on deposits that i have heard about. i'm off to a national landlords meet soon, so will report back on any developments.