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digimeistter

2,381 posts

95 months

[news] 
Tuesday 9th October 2012 quote quote all
This is precisely why i provide free rent gurantee and legal expenses cover for all my Landlords, takes the hassle away from both me and them, after 14 days i can get the landlords rent paid until eviction which will be commenced once two months have passed at no expense to me or the Landlord.

Why more agents don't do this is quite beyond me?

B17NNS

12,778 posts

133 months

[news] 
Tuesday 9th October 2012 quote quote all
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?

no effort

197 posts

65 months

[news] 
Tuesday 9th October 2012 quote quote all
I had a family move into my rental house, they were on the agencies books and were relocating to be nearer a school - Apparently. Agency said they were a nice family.
After 3 months they made a late payment, the next month was the same. During a conversation I had with the agency they let it slip that this wasn't the first time they had made late/missed payments.

What!!!

The agency issued a section 8/21 I don't know which one and they moved out.
On inspecting the house they had caused some damage to it, I estimated about £500. When I spoke to the agency about getting the money from the deposit they said it would have to go to an assessor type person that will make a decision, normally in the favour of the tenant so I'll be lucky to get what I'm asking. And there decision is final.

They recommended taking them to small court instead, which I did and I got my £500.
Once this matter was cleared up I separated from the agency, as far as I know they are still on the agencies books.

The small courts process only works if you know the address of the tenants.

Gretchen

13,522 posts

102 months

[news] 
Tuesday 9th October 2012 quote quote all
Johnny said:
...when I moved in with Gretch and things are going ok ish. She seems a bit moany...
hehe





PS. Your dinner is in the dog.


Johnny

6,644 posts

170 months

[news] 
Tuesday 9th October 2012 quote quote all
Gretchen said:
Johnny said:
...when I moved in with Gretch and things are going ok ish. She seems a bit moany...
hehe





PS. Your dinner is in the dog.
I just had to look back at my post to see your clever editing...


Oops wink
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Pickled Piper

5,590 posts

121 months

[news] 
Tuesday 9th October 2012 quote quote all
Don't put up with it. As soon as the payment is late issue a section 21 Notice. This is a notice that states you will be taking back possession and is a precursor to legal proceedings. Send it by registered post etc. Usually does the trick.

Make it clear paying rent late is not acceptable. Trouble is if you have let them do it once or twice they will thinks it's OK and keep playing up. They are like many people, they pay when they get the "red reminder". The section 21 is their "final warning" letter and is usually sufficient to make them put the monthly rent payment at the top of their list.

Good luck.

pp

crazy about cars

Original Poster:

3,744 posts

55 months

[news] 
Tuesday 9th October 2012 quote quote all
Wow... a (not so) good eye opener to the world of being a landlord. I had to take a different route back from work today and stumbled upon the tenants (well 2 of them) driving the other way. I tried to make eye contact but he just looked away...

I really hope this is not the start of something horrible... I will call the agent again tomorrow and this time I'll be more assertive. They are paid around £150 a month so I am hoping for a better service than this!

Pickled Piper

5,590 posts

121 months

[news] 
Tuesday 9th October 2012 quote quote all
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.

pp

pp

frosted

3,549 posts

63 months

[news] 
Tuesday 9th October 2012 quote quote all
digimeistter said:
This is precisely why i provide free rent gurantee and legal expenses cover for all my Landlords, takes the hassle away from both me and them, after 14 days i can get the landlords rent paid until eviction which will be commenced once two months have passed at no expense to me or the Landlord.

Why more agents don't do this is quite beyond me?
Have you ever claimed on that sort of insurance before?

markbigears

1,534 posts

155 months

[news] 
Tuesday 9th October 2012 quote quote all
I have many a time, would never let my properties without insurance. You have to remember it's not only tenants trying it on, people's lives change, I've had a few young couples split and one move out, the other cannot pay both sides of the rent. I've never had a problem getting any monies owed out of the deposit, but then I have a good relationship with our agent.

Sir Bagalot

3,102 posts

67 months

[news] 
Tuesday 9th October 2012 quote quote all
james12345 said:
Have a look through http://www.landlordzone.co.uk - a real mine of information.
^^This

Also google NLA and join them. Very helpful people. Also read up on Section 8 and Section 21. Oh, and read the tenancy agreement

digimeistter

2,381 posts

95 months

[news] 
Tuesday 9th October 2012 quote quote all
frosted said:
Have you ever claimed on that sort of insurance before?
Three times, provided all the legal/statuatory obligations are met[V.IMPORTANT]especially when dealing with HB recipients who run to SHELTER at the drop of a hat, and seem to think the poor dears are the victims! They will scrutinise all correspondence and legal documents. All were successfully persued.

The only downside being the state the property is returned.

Watchman

3,118 posts

131 months

[news] 
Tuesday 9th October 2012 quote quote all
My wife and I have 4 rental properties now but I only rent to the local Polish community who view renting as "normal" and not necessarily a stepping stone towards ownership. They look after the houses and (so far - nearly 5 years) haven't missed a payment.

We don't use an agent because it just seems they take your money for no benefit, and in this time we have not once regretted that.

S6PNJ

2,217 posts

167 months

[news] 
Tuesday 9th October 2012 quote quote all
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.

pp

pp
No you do not, no it is not. Even if you have given 24 hrs notice, if the tenants say no to you coming in, you are legally not allowed in. As a landlord who has faced this exact situation, I can tell you that for a fact. If the tenant won't give you or your plumber access to do the gas safety check, then the check goes undone. Make sure you can evidence the fact that you have tried. Your obligation ends there!

See the Gas safety Register website for more details which also confirms my last point above..

Wings

4,486 posts

101 months

[news] 
Tuesday 9th October 2012 quote quote all
Slink said:
im pretty sure squatters rights no longer applies and the police come and kick them out/arrest them, saw in on the news a few weeks back..
It is not a criminal charge for a tenant or ex tenant to squat, so a tenant who leaves, then re-enters the property can't be issued with a criminal charge for squatting.

Wings

4,486 posts

101 months

[news] 
Tuesday 9th October 2012 quote quote all
S6PNJ said:
No you do not, no it is not. Even if you have given 24 hrs notice, if the tenants say no to you coming in, you are legally not allowed in. As a landlord who has faced this exact situation, I can tell you that for a fact. If the tenant won't give you or your plumber access to do the gas safety check, then the check goes undone. Make sure you can evidence the fact that you have tried. Your obligation ends there!

See the Gas safety Register website for more details which also confirms my last point above..
^^^^^^Agree, a tenant may refuse entry, even for a landlord's gas safety check on gas appliances.

Wings

4,486 posts

101 months

[news] 
Tuesday 9th October 2012 quote quote all
james12345 said:
If they are on an Assured Shorthold Tenancy, you cannot evict during the tenancy period, unless specific criteria are met. You can go for a Section 8 eviction in very specific circumstances, one of these being that they are more than two rental periods late in arrears, so your case, two months.

If you are not happy with the tenants and they are on a Periodic Tenancy which is what your tenants would move to after then end of the AST period (not very common when going through agents, as they like to sign them up every 12 months to a new AST to generate more income for themselves) then you can serve a Section 21 notice which requires no reason other than you want the property back.

Have a look through http://www.landlordzone.co.uk - a real mine of information.
^^^^agree, if rental arrears, then when two months rent outstanding issue a Section 8 Notice, according 14 days notice if rent remains unpaid, then eviction process will start in the Courts. The two month rental arrears is on the second month the rent is due and unpaid, so if no rent paid 8th Seoptember, and then no rent paid 8th October, Secxtion 8 served 8th October.

I prefer a Section 8 Notice since it allows the process to also register, recover the debt at the same court hearing.

B17NNS

12,778 posts

133 months

[news] 
Tuesday 9th October 2012 quote quote all
Okay, do I write and request access or write and say I'm going in?

1point7bar

1,091 posts

34 months

[news] 
Tuesday 9th October 2012 quote quote all
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.

Egbert Nobacon

2,832 posts

129 months

[news] 
Wednesday 10th October 2012 quote quote all
My first step would be a visit to the agents asap to get a copy of the agreement you signed and then some in depth questioning about what actions they have taken to date - if professional it should be documented - you can at least look them in the eye and turn your bullst detector on. - Don't do this on the phone.

Try and establish whether they have rented to these people before and if they have been a problem.

Issue the relevant notice (section21 or 8 ) but physically deliver it with the agent & make sure the tenants know you're serious.

As others have said going through the courts is a lengthy ball ache and really a last resort ( doesn't stop you threatening to do it). Other more subtle ways may as others have mentioned may be more successful.



Edited by Egbert Nobacon on Wednesday 10th October 08:59

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