Any private landlords out there?
Discussion
S6PNJ said:
Pickled Piper said:
B17NNS said:
As an aside (sorry for the thread hijack).
The property in question is due it's gas safety inspection.
I've informed my gas chap and as usual he's tried to contact the tenant with a view to arranging a mutually agreeable time to do the safety check.
Tenant won't take his calls either.
So very soon the property in question won't have an up to date gas certificate which is obviously my responsibility.
Any ideas?
Give them 24 hours notice you are going to inspect the property. Drop it in the door and also send by registered post. Let yourself in with your key on the day and let the gas chap do his job. You have a right to inspect your property providing you have given a minimum of 24 hours notice and providing it can not be construed as harassment. The gas safety check is sufficient reason to go in.The property in question is due it's gas safety inspection.
I've informed my gas chap and as usual he's tried to contact the tenant with a view to arranging a mutually agreeable time to do the safety check.
Tenant won't take his calls either.
So very soon the property in question won't have an up to date gas certificate which is obviously my responsibility.
Any ideas?
pp
pp
See the Gas safety Register website for more details which also confirms my last point above..
pp
1point7bar said:
Reading the thread I can't help but think this:
The tenant is under contract to your agent, not you.
This means that you have no grounds for legal action against the tenant.
You need to look at the contract that you signed with the agent.
If you do not have a copy or you did not sign one then seek formal legal counsel
Before Another Task.
The tenancy agreement is the contract between the landlord and the tenant , all the agent does is to introduce the tenant and/or manage it. The tenant is under contract to your agent, not you.
This means that you have no grounds for legal action against the tenant.
You need to look at the contract that you signed with the agent.
If you do not have a copy or you did not sign one then seek formal legal counsel
Before Another Task.
Thanks for all the helpful insights. As this is the first time of missed payments I will give it until the end of this week (latest I'm supposed to receive money in bank is usually Monday this week plus this is the first missed payment)and I will change my tone with the agent. I will most probably give her a call again later on to check on things.
I will definitely query about the new contract. The current tenant wanted to move is rather quickly so I wasn't updated about things until they have actually moved in!
As I'm rather inexperienced with this, what sort of questions should I ask the agent? I know it's partially my bad for not following up on paperwork but I don't want to say or do the wrong things. What I have in mind is to ask her about the new contract and if she has forwarded it to me and also for a deadline of payment and what action will she take if payment is not received by then.
I will definitely query about the new contract. The current tenant wanted to move is rather quickly so I wasn't updated about things until they have actually moved in!
As I'm rather inexperienced with this, what sort of questions should I ask the agent? I know it's partially my bad for not following up on paperwork but I don't want to say or do the wrong things. What I have in mind is to ask her about the new contract and if she has forwarded it to me and also for a deadline of payment and what action will she take if payment is not received by then.
Rower said:
The tenancy agreement is the contract between the landlord and the tenant , all the agent does is to introduce the tenant and/or manage it.
So in other words if s
t hits the fan it's all on me? 
I'm starting to doubt if it's worth paying 10% + VAT to the agents now... They are very good in finding potential rents but so far the "management" bit is pants!For your 10%, the agent should be able to find you a creditworthy tenant and ensure the smooth running of the tenancy, including the collection of all rents.
You are paying her to remove you of all the hassle and so you should be expecting her to act for you.
If payment is late then she should be chasing it and not leaving it for you to do. This is what you pay her to do and, if she fails, then you may want to consider switching agents at the end of this tenancy, however this case may end up.
You are paying her to remove you of all the hassle and so you should be expecting her to act for you.
If payment is late then she should be chasing it and not leaving it for you to do. This is what you pay her to do and, if she fails, then you may want to consider switching agents at the end of this tenancy, however this case may end up.
Davel said:
For your 10%, the agent should be able to find you a creditworthy tenant and ensure the smooth running of the tenancy, including the collection of all rents.
You are paying her to remove you of all the hassle and so you should be expecting her to act for you.
If payment is late then she should be chasing it and not leaving it for you to do. This is what you pay her to do and, if she fails, then you may want to consider switching agents at the end of this tenancy, however this case may end up.
This is exactly what I'd expect as well. Background checks is quoted as part of the package. I was told checks were done on this tenant but have seen no documents. I've spoken to them though (had to go sort things out myself because they cannot arrange a simple thing like a plumber to go out and have a look!) and they do seem like nice people.You are paying her to remove you of all the hassle and so you should be expecting her to act for you.
If payment is late then she should be chasing it and not leaving it for you to do. This is what you pay her to do and, if she fails, then you may want to consider switching agents at the end of this tenancy, however this case may end up.
To be fair the agent did apologise and told me she will chase them up but never did mention a date - perhaps I should chase for this.
Anyway, I am hoping this is just some sort of clerical mistaken and not drawn into a long legal battle as I cannot afford that right now!
http://www.amazon.co.uk/s/ref=nb_sb_noss_1?url=sea...
Being a Landlord is a business. Regardless of how you ended up becoming a Landlord, to ignore your responsibilities is naive and just increases the risks of problems. If things end up in Court then you'll [quite rightly] be expected to be an expert and the tenant a layman.
Being a Landlord is a business. Regardless of how you ended up becoming a Landlord, to ignore your responsibilities is naive and just increases the risks of problems. If things end up in Court then you'll [quite rightly] be expected to be an expert and the tenant a layman.
mk1fan said:
http://www.amazon.co.uk/s/ref=nb_sb_noss_1?url=sea...
Being a Landlord is a business. Regardless of how you ended up becoming a Landlord, to ignore your responsibilities is naive and just increases the risks of problems. If things end up in Court then you'll [quite rightly] be expected to be an expert and the tenant a layman.
Another book on the reading list then... Great advice thanks!Being a Landlord is a business. Regardless of how you ended up becoming a Landlord, to ignore your responsibilities is naive and just increases the risks of problems. If things end up in Court then you'll [quite rightly] be expected to be an expert and the tenant a layman.
Spoke to the agents and according to them it's 2 payments in arrears before they will serve a notice. I've asked what happens if the notice is ignore and the agent is very reluctant to answer that. Best I've got out of her is that they will do whatever they can in their powers but it will be up to me if I wish to take it further. She kept reasuring my that it could be an error with setting up the DD which to be fair could be true! We shall see...
Right now you don't know what's caused the problem. Once you do you'll know how best to solve it. Some agents are better at dealing with problems than others. But until they know WHY there's a problem, unless the tenants just leave or things normalise then it won't be getting sorted.
Every so often we look at rent guarantees. So far we've not been convinced and don't use them. We've also never once had to have a tenant removed by eviction, although on a handful of occasions we've had to scare them away by starting the process. Law is a bit like violence. Only as an extreme last resort. Remember, it's adversarial. So once you start it the 'relationship' (with the tenant) is gone.
There are THOUSANDS of potential problems. But equally there are thousands of available solutions. Most people are reasonable. Very few WANT a problem. OR want to cause one. But I've lost count of the number who need a bit of a hand solving them. Doesn't usually take much. Surely your agent can get to the bottom of it and sort it? Put it this way, is there something they CAN'T do that you could do? Once the tenants know you're there to help (if possible) rather than punish, you might be surprised how quickly it can get resolved. Do it soon, though. Because if it's repairable and is going to come down to a rent shortfall, you want to stop it as quickly as possible. A shortfall can always be made up. And remember, if you CAN sort it and DO sort it you'll greatly increase your tenants' respect for you AND enhance your reputation as a landlord in their circle of influence.
Courts are for people who can't sort out their own problems amongst themselves like reasonable people do. I'd advise avoiding them.
Every so often we look at rent guarantees. So far we've not been convinced and don't use them. We've also never once had to have a tenant removed by eviction, although on a handful of occasions we've had to scare them away by starting the process. Law is a bit like violence. Only as an extreme last resort. Remember, it's adversarial. So once you start it the 'relationship' (with the tenant) is gone.
There are THOUSANDS of potential problems. But equally there are thousands of available solutions. Most people are reasonable. Very few WANT a problem. OR want to cause one. But I've lost count of the number who need a bit of a hand solving them. Doesn't usually take much. Surely your agent can get to the bottom of it and sort it? Put it this way, is there something they CAN'T do that you could do? Once the tenants know you're there to help (if possible) rather than punish, you might be surprised how quickly it can get resolved. Do it soon, though. Because if it's repairable and is going to come down to a rent shortfall, you want to stop it as quickly as possible. A shortfall can always be made up. And remember, if you CAN sort it and DO sort it you'll greatly increase your tenants' respect for you AND enhance your reputation as a landlord in their circle of influence.
Courts are for people who can't sort out their own problems amongst themselves like reasonable people do. I'd advise avoiding them.
Rower said:
The tenancy agreement is the contract between the landlord and the tenant , all the agent does is to introduce the tenant and/or manage it.
Absolutely not true, in particular where the landlord has engaged the agent on a "fully managed" basis - the AST can be worded as a contract between the tenants and the landlord's agent. As a landlord , you have a separate contract with the agent to manage your properties thus.groak said:
Right now you don't know what's caused the problem. Once you do you'll know how best to solve it. Some agents are better at dealing with problems than others. But until they know WHY there's a problem, unless the tenants just leave or things normalise then it won't be getting sorted.
Every so often we look at rent guarantees. So far we've not been convinced and don't use them. We've also never once had to have a tenant removed by eviction, although on a handful of occasions we've had to scare them away by starting the process. Law is a bit like violence. Only as an extreme last resort. Remember, it's adversarial. So once you start it the 'relationship' (with the tenant) is gone.
There are THOUSANDS of potential problems. But equally there are thousands of available solutions. Most people are reasonable. Very few WANT a problem. OR want to cause one. But I've lost count of the number who need a bit of a hand solving them. Doesn't usually take much. Surely your agent can get to the bottom of it and sort it? Put it this way, is there something they CAN'T do that you could do? Once the tenants know you're there to help (if possible) rather than punish, you might be surprised how quickly it can get resolved. Do it soon, though. Because if it's repairable and is going to come down to a rent shortfall, you want to stop it as quickly as possible. A shortfall can always be made up. And remember, if you CAN sort it and DO sort it you'll greatly increase your tenants' respect for you AND enhance your reputation as a landlord in their circle of influence.
Courts are for people who can't sort out their own problems amongst themselves like reasonable people do. I'd advise avoiding them.
Sounds advice. As the agents are handling the matter and trying to find out why/when will the payment be made at the moment, I've decided not to approach the tenants yet. They seem to be nice family and (afaik) both their sons have a job (I know where their sons work and coincidently know their sons' manager).Every so often we look at rent guarantees. So far we've not been convinced and don't use them. We've also never once had to have a tenant removed by eviction, although on a handful of occasions we've had to scare them away by starting the process. Law is a bit like violence. Only as an extreme last resort. Remember, it's adversarial. So once you start it the 'relationship' (with the tenant) is gone.
There are THOUSANDS of potential problems. But equally there are thousands of available solutions. Most people are reasonable. Very few WANT a problem. OR want to cause one. But I've lost count of the number who need a bit of a hand solving them. Doesn't usually take much. Surely your agent can get to the bottom of it and sort it? Put it this way, is there something they CAN'T do that you could do? Once the tenants know you're there to help (if possible) rather than punish, you might be surprised how quickly it can get resolved. Do it soon, though. Because if it's repairable and is going to come down to a rent shortfall, you want to stop it as quickly as possible. A shortfall can always be made up. And remember, if you CAN sort it and DO sort it you'll greatly increase your tenants' respect for you AND enhance your reputation as a landlord in their circle of influence.
Courts are for people who can't sort out their own problems amongst themselves like reasonable people do. I'd advise avoiding them.
One thing that I can't understand is how the agent only approach me this Monday when the payment should've been in their account on the 30th last month! No news today but I will call again on Friday but I think the tone from the agents are they can only keep chasing and will consider taking action only after 2 missed payments. That seems to tie in with the tenancy agreement too...
Right, a question for any PHer who might happen to be a solicitor...
I've read the contract and it is between myself and the tenant. One of the clause in the contract states :
To pay interest on any payment of Rent not made as set out in the Main Terms of the Tenancy Agreement. Interest is payable from the date on which the Rent was due until the date on which the Rent is actually paid. The interest rate will be 3% above the Bank of England Base Rate.
To me this means that the tenants should pay interest for missed payments. I've emailed the agent responsible enquiring about this but so far haven't heard anything. I know sometimes whatever is written in the agreement will not be enforceable in the real world so I hope someone qualified could advise...
I've read the contract and it is between myself and the tenant. One of the clause in the contract states :
To pay interest on any payment of Rent not made as set out in the Main Terms of the Tenancy Agreement. Interest is payable from the date on which the Rent was due until the date on which the Rent is actually paid. The interest rate will be 3% above the Bank of England Base Rate.
To me this means that the tenants should pay interest for missed payments. I've emailed the agent responsible enquiring about this but so far haven't heard anything. I know sometimes whatever is written in the agreement will not be enforceable in the real world so I hope someone qualified could advise...
crazy about cars said:
Right, a question for any PHer who might happen to be a solicitor...
I've read the contract and it is between myself and the tenant. One of the clause in the contract states :
To pay interest on any payment of Rent not made as set out in the Main Terms of the Tenancy Agreement. Interest is payable from the date on which the Rent was due until the date on which the Rent is actually paid. The interest rate will be 3% above the Bank of England Base Rate.
To me this means that the tenants should pay interest for missed payments. I've emailed the agent responsible enquiring about this but so far haven't heard anything. I know sometimes whatever is written in the agreement will not be enforceable in the real world so I hope someone qualified could advise...
I'd forget about that for now, it's such a small amount it's almost irrelevant. What is relevant is why have they missed the payment. Go and ask them!I've read the contract and it is between myself and the tenant. One of the clause in the contract states :
To pay interest on any payment of Rent not made as set out in the Main Terms of the Tenancy Agreement. Interest is payable from the date on which the Rent was due until the date on which the Rent is actually paid. The interest rate will be 3% above the Bank of England Base Rate.
To me this means that the tenants should pay interest for missed payments. I've emailed the agent responsible enquiring about this but so far haven't heard anything. I know sometimes whatever is written in the agreement will not be enforceable in the real world so I hope someone qualified could advise...
mk1fan said:
Being a Landlord is a business. Regardless of how you ended up becoming a Landlord, to ignore your responsibilities is naive and just increases the risks of problems. If things end up in Court then you'll [quite rightly] be expected to be an expert and the tenant a layman.
Although there is a first time for every landlord, and some tenants are wily old hands who know how to get three months free then run away owing thousands, and utility bills unpaid. This happens because the system lets them. In fact it makes it easy for them.My advice - once they get to two months arrears, evict them. Don't take any crap. I was too soft and it cost £4,500 in arrears and repairs.
Edited by Simpo Two on Thursday 11th October 18:47
spikeyhead said:
I'd forget about that for now, it's such a small amount it's almost irrelevant. What is relevant is why have they missed the payment. Go and ask them!
Should I approach them directly? I've been thinking of this as well but it looks a bit unprofessional if the agents are (supposedly) already chasing them?Gassing Station | Homes, Gardens and DIY | Top of Page | What's New | My Stuff