Please help, non paying tennant.

tucbiscuit

Hi, any advice appreciated.

The situation is I have a house that I rent out through an agent on a fully managed service, the house has been rented since 08/12/2007 on an AST for 6 months.

The letting agents rang me today to tell me that the tennants were £380 in arrears (the rent is £495 per month).

Apparently the tennants aren't answering phone calls, and messages have been left.

So basically what should I do next? they have a guarantoor

Whose responsibility is chasing them for the payment? mine or the agent?

if they decide to leave the property can I pursue them for 6 months payment?

thanks (hopefully it's just a blip as a lot of people are short of money in january)

pinkshoes

Contact the guarentor to notify him/her that the tenants are in arrears, and if they don't pay, then the guarentor will be chased for the money?

lynzpower

Id have thought it was the agent if this is a "fully managed "

Do you not have a copy of the contract you signed as to whats involved with "fully managed "

tucbiscuit

lynzpower wrote: »

Id have thought it was the agent if this is a "fully managed "

Do you not have a copy of the contract you signed as to whats involved with "fully managed "

yes I'll have a look

also say if they just say, 'we can't aford it anymore/don't want to be here anymore' but have time left on their tennancy agreement can you reclaim the costs to the end of the agreement?

moneysavinmonkey

if they want to leave before the end of the tenancy they are liable to keep paying the rent until the end of the fixed term or until an alternative tenant can be found - whichever is sooner.

The agents must be able to show that they are sought to find a replacement tenant but they can reclaim the costs of doing this from the tenant also.

If your property is fully managed, the agents should be deadling with this |+ be able to answer all your questions.

HTH

tucbiscuit

lynzpower wrote: »

Id have thought it was the agent if this is a "fully managed "

Do you not have a copy of the contract you signed as to whats involved with "fully managed "

looked at the agency agreement and this subject isn't in there

I do have copies of the guarantoor agreements so that's hearening I suppose.

I bloody hope they just pay it and get back on track, as I don't have the time or money for this, so will have to pursue them for all costs, which will make me feel bad, but I'll do it.

silvercar

From the dates you have given it looks like your tenants were a bit short with the rent due on 8th January. If this is the case a quick phone call may be all that is necessary. Just let them know that you have been notified that the rent due on the 8th was short and can they tell you the date they will make payment.

tucbiscuit

silvercar wrote: »

From the dates you have given it looks like your tenants were a bit short with the rent due on 8th January. If this is the case a quick phone call may be all that is necessary. Just let them know that you have been notified that the rent due on the 8th was short and can they tell you the date they will make payment.

apparently the agent has been trying to ring for 3 weeks and are going to keep trying, it may sound daft, but I don't want to speak to the tennants, I want the agent to do it and I pay them 12.5% every month, so they should do it

like I said I just hope it's a simple matter of feeling the pinch a bit in January as many people do and I know they have coughed up £1,300 before they even moved in with a months rent up front, £700 deposit and £100 fees

one thing I haven't mentioned so far is they are dss, I think they work, but on low incomes, so get some help

chappers

Tell the agent to get round there and chat there door/send a recorded letter if they aren't answering the phone.

tucbiscuit

chappers wrote: »

Tell the agent to get round there and chat there door/send a recorded letter if they aren't answering the phone.

right, will do, cheers

Debt_Free_Chick

You only have two options - only one, potentially.

Firstly, you can issue a section 21 notice NOW to tell them that you want the property vacated at the end of the fixed term, as stated in the agreement. If (as you suggest) the tenancy started on 8 December and if it was for a fixed term of 6 months, then you can give this notice at any time, before 8 April.

As they are not yet 2 months in arrears, this is your only option.

However ..... if they get more than 2 months rent in arrears (even if the arrears are only one penny), then you can issue a section 8 notice at that time. It doesn't matter at what stage the tenancy is at - if they are in arrears (i.e. more than 2 months) then you can issue the section 8 notice.

If I were you, I would issue the section 21 notice now, anyway. This way, you are likely to get the property back on 8 June. Of course, they could ignore the notice - in which case, you'll need to get a Court Order and that will add a few weeks onto the process. But you minimise your losses this way.

To be honest, I would have thought that your agents should be giving you all this advice. Isn't this what you're paying them for?