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    • karxlee
    • By karxlee 21st Jan 18, 1:41 PM
    • 31Posts
    • 13Thanks
    karxlee
    Tenant not paying rent and has given notice - but wont leave
    • #1
    • 21st Jan 18, 1:41 PM
    Tenant not paying rent and has given notice - but wont leave 21st Jan 18 at 1:41 PM
    Hi

    I have a tenant that is 6 weeks late in paying their rent, and when I challenged them they advised by text message that they are moving out in 4 weeks time, I accepted this in a reply to them via text stating the date I expected to get the keys back.

    The 6 month tenancy agreement ended at the beginning of Jan 2018, and I moved them onto a rolling monthly periodic agreement. They paid 1 months rent as bond, and has told me to use that for the late months rent, I advised that it not what a bond is for!

    I'm looking for some advise on a couple of things if possible.

    Is a text message acceptable as notice from them, and is my acceptance of their notice via text legal?

    What happens if they don't move out in 4 weeks? Will they become trespassers?

    Will I have to issue a Section 21 or Section 8

    Can I advertise the property whilst they are still in it.

    Can I show new prospective tenants around the property whilst the current tenants are still in.

    Thanks in Advance.
Page 2
    • karxlee
    • By karxlee 25th Feb 18, 4:03 PM
    • 31 Posts
    • 13 Thanks
    karxlee
    Quick update:

    The tenants moved out last weekend thank god! just as we were about to issue a section 21.
    We waited until the 15th when they said they were going to move and then in and changed the locks. The property is ok apart from a good clean there isn't much damage so we should count ourselves lucky.

    Thank you for all the replies (even the arsey ones), we have learnt alot over the passed few weeks, and it will change what we do going forward.
    • ashe
    • By ashe 25th Feb 18, 4:56 PM
    • 530 Posts
    • 367 Thanks
    ashe
    Quick update:

    The tenants moved out last weekend thank god! just as we were about to issue a section 21.
    We waited until the 15th when they said they were going to move and then in and changed the locks. The property is ok apart from a good clean there isn't much damage so we should count ourselves lucky.

    Thank you for all the replies (even the arsey ones), we have learnt alot over the passed few weeks, and it will change what we do going forward.
    Originally posted by karxlee
    what a relief for you!
    • karxlee
    • By karxlee 3rd Mar 18, 10:08 AM
    • 31 Posts
    • 13 Thanks
    karxlee
    update - The tenants did a moonlight move 2 days before we were going to issue the section 21, we were told by the neighbors, so we have changed the locks and taken possession of the house. We were expecting damage and a mess but to be fair to them they have cleared almost everything and it just needs a good clean and a hoover.

    We are taking some time before we rent it out again, and we are going to consider all the advise given on here so thank you.

    I guess you live and learn and being a landlord is not as easy money as people make out.
    • AdrianC
    • By AdrianC 3rd Mar 18, 10:45 AM
    • 17,377 Posts
    • 15,714 Thanks
    AdrianC
    ...being a landlord is not as easy money as people make out.
    Originally posted by karxlee
    No business is ever as easy as people make out. Especially when those people are trying to persuade you into that industry...
    • Cakeguts
    • By Cakeguts 3rd Mar 18, 1:31 PM
    • 4,363 Posts
    • 6,242 Thanks
    Cakeguts
    update - The tenants did a moonlight move 2 days before we were going to issue the section 21, we were told by the neighbors, so we have changed the locks and taken possession of the house. We were expecting damage and a mess but to be fair to them they have cleared almost everything and it just needs a good clean and a hoover.

    We are taking some time before we rent it out again, and we are going to consider all the advise given on here so thank you.

    I guess you live and learn and being a landlord is not as easy money as people make out.
    Originally posted by karxlee
    We have very good managing agents who do a really good job but even with them there is the chance that someone will tell lies to get a tenancy. So unless you are prepared to have a lot of hassle on occasions then you are going to be better off to sell the property.
    • Thrugelmir
    • By Thrugelmir 3rd Mar 18, 2:59 PM
    • 58,475 Posts
    • 51,848 Thanks
    Thrugelmir

    I guess you live and learn and being a landlord is not as easy money as people make out.
    Originally posted by karxlee
    In running any business you come across people who are out to cheat/defraud/steal/lie on order to gain an advantage. With a small property portfolio the impact hits far harder. Than an occasional defaulter amongst hundreds of customers.
    Financial disasters happen when the last person who can remember what went wrong last time has left the building.
    • karxlee
    • By karxlee 3rd Mar 18, 4:08 PM
    • 31 Posts
    • 13 Thanks
    karxlee
    We have very good managing agents who do a really good job but even with them there is the chance that someone will tell lies to get a tenancy. So unless you are prepared to have a lot of hassle on occasions then you are going to be better off to sell the property.
    Originally posted by Cakeguts
    I understand what you are saying however I'm not going to let one bad experience stop me from carrying on.
    We have learnt alot over the past few months, and we will be better for it.

    We have no intention of selling - we don't give up that easily
    • JennyP
    • By JennyP 3rd Mar 18, 4:44 PM
    • 921 Posts
    • 640 Thanks
    JennyP
    I understand what you are saying however I'm not going to let one bad experience stop me from carrying on.
    We have learnt alot over the past few months, and we will be better for it.

    We have no intention of selling - we don't give up that easily
    Originally posted by karxlee
    Touch wood, I only had one truly awful experience in 15 years and even that ended up costing me nothing financially. Just a lot of stress.

    I have had far more good experiences than bad and even consider one of my tenants to be a friend now!
    • capital0ne
    • By capital0ne 3rd Mar 18, 5:12 PM
    • 475 Posts
    • 236 Thanks
    capital0ne
    All part and parcel of running any business. People being totally unpredictable.
    Originally posted by Thrugelmir
    The trouble is that more often than not it's not a business as such, it's someone who is renting one property because they think it will be better than a pension or because they can't sell and have to move and so become 'accidental' landlords.

    Renting one property is a huge risk when it goes pear shaped, just like investing in stocks and shares, you don't stick all your wealth into one share.

    Rule of thumb is not to put more than 10% of your wealth into any one investment (bar the house you live in), so an equity portfolio should have about 10 diversified streams.

    Stick to that and bad tenants will be but a mere blip.

    Good luck
    • AdrianC
    • By AdrianC 3rd Mar 18, 6:26 PM
    • 17,377 Posts
    • 15,714 Thanks
    AdrianC
    The trouble is that more often than not it's not a business as such
    Originally posted by capital0ne
    It is. Whether they admit it, or hide behind excuses like "accidental landlord". Nobody ever gets out of bed in a morning to find that they seem to suddenly have an infestation of feral tenants in Great Auntie Doris's house that they've been left.

    Strange how you never come across "accidental shopkeepers" or "accidental driving instructors" or "accidental estate agents".
    • AG47
    • By AG47 3rd Mar 18, 7:01 PM
    • 769 Posts
    • 160 Thanks
    AG47
    Get the sheriffs from the telly in
    Nothing has been fixed since 2008, it was just pushed into the future
    • PersianCatLady
    • By PersianCatLady 6th Mar 18, 1:25 AM
    • 456 Posts
    • 412 Thanks
    PersianCatLady
    [QUOTE=karxlee;73759931]
    https://www.landlordzone.co.uk/information/grounds-for-possession

    The ignorance of landlords sometimes amazes:

    Slightly rude

    Thank you for the link I will make sure I read up about all kinds of possession.

    Like I said we have been very lucky with our previous tenants, this is the first time we have come up against this type of behavior.

    We are going to hold off showing anyone round the property, after listening to everyone's advice, also because the current tenant will not allow us access, even though he has signed the tenancy agreement that states he must all us access to show people round if they have given notice.

    After doing a lot of research it is very very clear that the law sides heavily with tenants and tenancy agreements are not worth the paper they are printed on, it seems you can take out all the insurance you like and still end up with people thinking they can live in your property free of charge.
    I get there are some dodgy landlords out there, but the law is so biased it's unreal, and makes you wonder if it is worth renting at all.

    Thank you to everyone who has put up with my ignorance and lack of understanding 'text' speak.
    Originally posted by theartfullodger
    I agree.

    I cannot believe the number of LLs who have no idea of what they are getting themselves into when they rent out a property.

    I also cannot believe that there are LLs who think that a section 21 is all it takes to evict a tenant.

    I think it is absolutely shocking that anybody (no matter how clueless) can be a LL.
    • karxlee
    • By karxlee 17th Mar 18, 2:12 PM
    • 31 Posts
    • 13 Thanks
    karxlee
    [QUOTE=PersianCatLady;73980981]

    I agree.

    I cannot believe the number of LLs who have no idea of what they are getting themselves into when they rent out a property.

    I also cannot believe that there are LLs who think that a section 21 is all it takes to evict a tenant.

    I think it is absolutely shocking that anybody (no matter how clueless) can be a LL.
    Originally posted by karxlee
    Thanks for the support!!
    • cjdavies
    • By cjdavies 17th Mar 18, 2:31 PM
    • 3,299 Posts
    • 3,515 Thanks
    cjdavies
    The trouble is that more often than not it's not a business as such, it's someone who is renting one property because they think it will be better than a pension or because they can't sell and have to move and so become 'accidental' landlords.
    Originally posted by capital0ne
    For tenants(decent ones), these are the worse landlords, as the landlords have no clue.
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