Tenant late with rent and not responding
Discussion
Simplest option is obviously a Section 21 at this point, which I will be serving this week, but that's going to be 4 months. I expect court etc could take longer with a Section 8? Can anyone recommend someone for legal advice to remove the tenant and if not to reclaim any missing rent, to get a CCJ so that she can't do this to anyone else in future?
dazmanultra said:
I've been relying on my management company to sort things for me but obviously they've not been doing the best job and I think I'll probably have to reconsider their services after this.
Sounds like pretty much every single management company I have ever dealt with. They want their 10% but don't actually expect to have to do anything to earn it other than transfer the rent from their account to yours (assuming it is paid in the first place). In my experience they won't even chase the tenant until you start to complain that the rent is late.Why S21 and not S8? Are they still in the fixed term or has the tenancy gone periodic?
Have they been good tenants previously?
Have you protected the deposit correctly?
You very much are as long as you don't interrupt their 'quiet enjoyment of the property'. Knocking at the door to ask if they are OK is not breaching this at all, going along unannounced with the keys and accosting them in their lounge is.
If you are local and are otherwise on good terms with them then a friendly knock at the door during daylight hours is the best option. Be courteous, be primarily concerned for their health and well-being, don't be pushy and see what's what. Keep a note of the conversation in your diary.
Have they been good tenants previously?
Have you protected the deposit correctly?
Ari said:
Welshbeef said:
Have you been round to the property to see them?
I very much doubt you're allowed to do that! If you are local and are otherwise on good terms with them then a friendly knock at the door during daylight hours is the best option. Be courteous, be primarily concerned for their health and well-being, don't be pushy and see what's what. Keep a note of the conversation in your diary.
Tell the Agents you want a copy of their references/guarantor form and that you want to inspect the property in 48hours with the agent/keys.
On arrival have a look around-how many toothbrushes etc. If the tenants there ask about the rent areas, also if they are on Housing Benefit get it stopped (legally allowed after 8 weeks, you can eventually request this is paid to yourself....
On arrival have a look around-how many toothbrushes etc. If the tenants there ask about the rent areas, also if they are on Housing Benefit get it stopped (legally allowed after 8 weeks, you can eventually request this is paid to yourself....
2Btoo said:
Why S21 and not S8? Are they still in the fixed term or has the tenancy gone periodic?
Have they been good tenants previously?
Have you protected the deposit correctly?
You very much are as long as you don't interrupt their 'quiet enjoyment of the property'. Knocking at the door to ask if they are OK is not breaching this at all, going along unannounced with the keys and accosting them in their lounge is.
If you are local and are otherwise on good terms with them then a friendly knock at the door during daylight hours is the best option. Be courteous, be primarily concerned for their health and well-being, don't be pushy and see what's what. Keep a note of the conversation in your diary.
I wonder who gets to decide whether you are..? Have they been good tenants previously?
Have you protected the deposit correctly?
Ari said:
Welshbeef said:
Have you been round to the property to see them?
I very much doubt you're allowed to do that! If you are local and are otherwise on good terms with them then a friendly knock at the door during daylight hours is the best option. Be courteous, be primarily concerned for their health and well-being, don't be pushy and see what's what. Keep a note of the conversation in your diary.
2Btoo said:
If you are local and are otherwise on good terms with them then a friendly knock at the door during daylight hours is the best option. Be courteous, be primarily concerned for their health and well-being, don't be pushy and see what's what. Keep a note of the conversation in your diary.
Or have a phone set to 'record' in your pocket in case they say something useful to your case...Ari said:
I wonder who gets to decide whether you are..?
There is plenty of case law to say that knocking on someone's door and having a chat with them over the threshold is not interfering with their quiet enjoyment of the property. (If it was then their quiet enjoyment would be spoiled every time the postman/Jehovah's Witnesses/Penny-For-The-Guy scout group/double glazing salesman knocked at the door, which patently is not the case.) Banging loudly and repeatedly, going 'round at an antisocial hour, letting yourself in with the key and so on would be inadvisable though. I did, they weren't in when I called round but I popped a note in asking if they were OK, if they had been negatively affected by coronavirus and/or if their finances were affected and to get in touch with me as soon as possible. I also asked a neighbour who I'm on good terms with if they'd seen the tenant and they said yes, so at least by then I was sure they hadn't left the country or nothing bad had happened to them.
They messaged me a few hours later, saying they had had no contact from the managing agents and there were some unresolved issues relating to the property so they were withholding the rent. The first issue was the door lock was a bit stiff when turning the key, resolved with some GT85 but I also think it could be that the key is a copy of a copy and that might be why it doesn't turn as cleanly... The other issue is there is some water damage to the engineered oak floor and one of the strips has lifted, which we're working out how to resolve without lifting too much fo the rest of the floor.
Either way they are now getting back up to date on their rent. Obviously these issues aren't really big enough to withhold rent (in my opinion) I think they were just frustrated with the agents. I'll manage the property myself and rid of them once the tenancy is up.
They messaged me a few hours later, saying they had had no contact from the managing agents and there were some unresolved issues relating to the property so they were withholding the rent. The first issue was the door lock was a bit stiff when turning the key, resolved with some GT85 but I also think it could be that the key is a copy of a copy and that might be why it doesn't turn as cleanly... The other issue is there is some water damage to the engineered oak floor and one of the strips has lifted, which we're working out how to resolve without lifting too much fo the rest of the floor.
Either way they are now getting back up to date on their rent. Obviously these issues aren't really big enough to withhold rent (in my opinion) I think they were just frustrated with the agents. I'll manage the property myself and rid of them once the tenancy is up.
OK, that sounds like a reasonable outcome given the situation. No, they shouldn't have withheld rent for those things but they have done, so sort them out nice and quickly and ask when they plan to bring the money up to date. Once things are back on an even keel then a level conversation suggesting that they should contact you directly in future if they have any such problems but withholding rent won't be looked on very favourably again.
If they have been previously good tenants then chalk it up to experience.
If they have been previously good tenants then chalk it up to experience.
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