Husband of tenants died, wife was given time to pay - now she is refusing to communicate

Hurdler

iammumtoone wrote: »

I appreciate its difficult as she owes you money and you don't know where you stand but in her defense she did communicate to say she had made an appointment with the council. She will have no more information to communicate until after the outcome of that meeting. She may be doing things like trying to ask friends etc if she can borrow money but there would be no point in communicating this unless it becomes definite. You can't be expected to know everything she is doing just that she is trying to resolve this (which by the communication she has given, she is).


I hope you can sort something, you sound like a good person and so does your tenant, in those situations solutions can normally be found.

Unfortunately she did not... the managing agents found out somehow but not via her. But at the time her husband died, i did write to her suggesting things that had been helpful when my parents had died - you know from things like taking them off mailing lists and phone lists - preference service I think, to who probably needs originals of the death certificate and who will take copies. Oh I have a spreadsheet that has sadly done the rounds to friends in similar circumstances many a time. I also suggested she look into what benefits she is entitled to as a widow etc so I hope that is why she has gone to the council and I really hope she does reach out soon so we can put together a sensible plan.

The rent can certainly be reduced in the short term, and as i am stuck here for a week I think seeing how the land lies before I fly home in 7 days is a decent approach. But I might have to put pressure on the agents to communicate with a softer approach (get in touch by February for us to look at options) rather than have them jump in with legal proceedings.

I will be furious if the managing agents knew about this before I committed to this trip Down Under and just didn't tell me. I could have turned down my accreditation and not come and been on hand to deal with this in person, but it is what it is.

I would like to thank you for your responses and your comments. It is appreciated.

iammumtoone

Hurdler wrote: »

Unfortunately she did not... the managing agents found out somehow but not via her.

wow I must say it is extremely unprofessional for your agents to (a) find this out and (b) communicate this to you without any official knowledge of it.

Hurdler

deannatrois wrote: »

It sounds like your tenant is dealing with a lot of uncertainties. She has just been bereaved, she may not know whether she is coming or going. She may have taken your advice as to where to turn for advice, she may not (she may be totally overwhelmed and hiding her head in the sand, she may have asked about benefits and waiting for it all to be sorted out, not certain what she is going to get, she is probably uncertain about what is going to happen re probate).

Having been in a similar situation, she may not want to talk until she knows what IS going to happen, and its not the managing agents nor your fault, you may be asking questions she doesn't have positive answers to as yet. So she may be playing for time. Not wanting to say right now I have no money, I didn't deal with the bank right etc, etc but I am doing this this and this with no idea what's going to happen. I promised you Rent in January, I thought I would be able to pay it but I couldn't, so now I don't want to say anything til I know its in the bank.

I also realise this is bringing bad memories back for you, hence the reaction to some of the posts. Just ignore the unhelpful ones. Don't let them touch you. Some people are on here to make themselves feel better by 'scoring points' and criticising. Then you react and sound like a child lol. Don't play that game. Just ignore.

Both parties are in a difficult situation and there may be no 'right answers' in the three months you need them. It is unlikely that the tenant's wife has changed suddenly from a good tenant to a bad tenant, she probably just isn't coping very well. But you need to pay your bills. However, you do need to make sure you aren't breaking rules by going to see her unnanounced.

The LA should have copies of the last tenancy agreement, why haven't they copied it to you? That should have happened a couple of months ago. They may not be doing you many favours here. Then you'd know if she is a tenant or not. At this point I'd be concentrating on getting paperwork together, and getting legal advice on your options. Don't rely on the LA who may also be in protective mode.

You could join a LL's association/forum with a bullet point list of what you need to know and see if they will help.

I am sure you are aware, but just in case, it will cost £500 at least to evict her if you need to. The LL has to pay the court costs initially and then the court makes an order that the tenant needs to pay them, but this is afterwards and you may not see the costs if the tenant is stuck for money as seems likely.

BIB - thanks and you are right.

I have firmly suggested to the agents that they communicate that there is some leeway to reduce the rent temporarily to help her at least stay in the property, on the condition that she keeps them updated with the situation whatever that may be, My understanding is that they have ramped up their comms and of course letters are automatically generated for non-payment which may have put her in a tailspin.

I have asked them to give her until 1 February to get in touch with an update with whatever the situation is. If she needs longer than up to 22 February to catch up or she can only afford a lot less while probate goes through, then we can deal with that but we need to know.

BUT - I have also stressed that if she does not update them or show a willingness to try and see if there is a workable plan depending on what the council will do for her, then if she defaults on third month, then I cannot help her and they need to let the legal process continue at that point.

That way I can at least get some rent arrears insurance having also shown a little compassion in the circumstance to give her a reasonable amount of time to make provision.

I really can't see more that I can do at this stage for her. I also realise this is probably at odds with the agents who will be wanting their full commission and not some part time deal - but again will have to cross that bridge with them.

Hurdler

iammumtoone wrote: »

wow I must say it is extremely unprofessional for your agents to (a) find this out and (b) communicate this to you without any official knowledge of it.

Ok finally caught up with agent (at 4am!)

She DID tell them as well as accusing them of harrassment - BUT she also did pay December's rent in full after meeting the council.

The joint tenancy has passed to her via survivorship and it is now a periodic tenancy.

Have instructed the agents to do the following
1) Write to her thanking her for paying for the period ending 21 January.
2) Informing her that she has (as previously suggested) until 22 February to get back on track completely so she owes 2 months rent by that due date.
3) She MUST keep a dialogue open with the management agents and has until 1 Feb to contact them with her response.
4) She has been to see the council - she must assess whether or not she can feasibly afford to continue with the tenancy. I am prepared to reduce the rent temporarily to help her until the probate is sorted out, if she wants to stay, on the condition that once she is able to, she pays what is owed in full.
5) If she is not able to afford to stay, then she must give her notice to leave, and she is liable for all rent owed.

I have asked them to lay off her for a week until 1st February by which time she has to respond to them in writing as to the above.

That way I can honour my original offer to her of giving her a few months to get herself sorted out or allow us to explore a temporary reduction and/or payment plan until probate goes through - or if she determines she cannot afford it, she can give her notice to quit.

Thanks again to those that were helpful. Hope we can get this resolved as it does sound as though maybe the agents were a little over-zealous in this particular period - if they back off hopefully she will come to the table to look at a payment plan that still keeps a roof over her head.