My tenants won't pay

[QueenBee]

I have a buy to let property in London. For the last 15 years I have had no vacant periods and have had great tenants. The current tenants however, Students from Korea have not paid the rent since November. Can I just change the locks and have my property back.

[SydneyBridge]

Not a chance. Is it through a rental agency? Anyone spoken to the tenants?

[QueenBee]

SydneyBridge said:

Not a chance. Is it through a rental agency? Anyone spoken to the tenants?

My lettings agent has tried to call them, has knocked on the door and has written to them - nothing!!! I have security keys on the property, they have changed one of locks.

[BFG TERRANO]

You need a solicitor on it. Sadly it can be a long drawn out process. We have a rental we are in the process of selling for this and other reasons attached with renting.

Or you could send round some meat heads and a lock smith, my boss used this method with success.

[BFG TERRANO]

If THEY have changed locks send in the heavies quick.

[QueenBee]

My lettings agent says I need to pay £1,000 to a company to throw them out. I think it's outrageous. I have lost thousands of pounds in rental income already and I am paying the mortgage. What is the worst that could happen to me if I did just take possession and changed the locks.

[BFG TERRANO]

My boss had no come back at all. Sent in 3 lads from a security firm we use. Went in when he was at work and put all his stuff in the garage and waited until he arrived and put it on the drive for his attention. New locks went in at the time, lick of paint and a clean up and rented out again. Right or wrong I don't know but he did it!

[Kudos]

QueenBee said:

My lettings agent says I need to pay £1,000 to a company to throw them out. I think it's outrageous. I have lost thousands of pounds in rental income already and I am paying the mortgage. What is the worst that could happen to me if I did just take possession and changed the locks.

you'll get in a lot of trouble and can cost you lots of money!

Get good legal advice, fast. Don't rely on the agency. Some very experienced people on here, search forums as has been asked before

[SydneyBridge]

Do you know where they are studying? They are giving the college/uni a bad name and they may be interested to know. Very hard to enforce a debt against a non uk resident, especially as they know they wont be here long

[BFG TERRANO]

Chances are they may be about to do a runner soon anyway so don't care. Any tenant not paying will know that's what's coming anyway. I assume your deposit is with a holding company? Might be worth letting them know also. Not sure if you can take it for unpaid rent?

[Mojooo]

Kudos said:

you'll get in a lot of trouble and can cost you lots of money!

Get good legal advice, fast. Don't rely on the agency. Some very experienced people on here, search forums as has been asked before

Isnt that only if the evictee wants to hang around and fight it?

If the tenant is a forieng person who knows eactly what they are doing then chances are they will take it on the chin and go elsewhere.

[TallPaul]

QueenBee said:

What is the worst that could happen to me if I did just take possession and changed the locks.

A landlady near me did this recently, bagged up all the tenants property, dumped it in the street and changed the locks for the same reasons as you. She got a 2 year prison sentance. Suspended, I think.

[hedgefinder]

TallPaul said:

A landlady near me did this recently, bagged up all the tenants property, dumped it in the street and changed the locks for the same reasons as you. She got a 2 year prison sentance. Suspended, I think.

surely if their contract/lease was breahced or up they would be able to do that though??

[QueenBee]

Thank you very much guys. I will have a read and keep you posted. I do like to do things by the book. I don't know any heavies either.

[eldar]

BFG TERRANO said:

You need a solicitor on it. Sadly it can be a long drawn out process. We have a rental we are in the process of selling for this and other reasons attached with renting.

Or you could send round some meat heads and a lock smith, my boss used this method with success.

Pretty much this. The legal route will cost and take time. The illegal route may be much cheaper and quicker. Downside is you may end up with a criminal record and/or big costs.

Perhaps they have gone home to Korea and forgotten to tell you?

[essayer]

OP, Google 'accelerated possession procedure' - effectively this involves giving the tenants two months' notice after which you can apply for a court order to evict them after 14 days. (If they pay up within the two months you won't be able to evict them)

You do not need to pay the agent to do it, but make sure you do it properly. Do not 'get the heavies in'.

Do not hesitate to do this as it won't be long before they have end of year exams etc and the thought of getting evicted won't bother them, especially if they are foreign students..

[V8RX7]

November - why are you only chasing now ?

Chase up their referees.

If you go the legal route it will take many months.

If you go the illegal route it could cost you dearly.

Personally after giving a tenant every chance, he then took the pi$$ I exploded and said he he didn't get out by Friday I was going in and I'd throw him and everything he had out the window.

As Friday came I did then wonder what I should do... I have no criminal record and don't want one but when I arrived I found he'd left.

My point being - sometimes a threat is enough.

I have known landlords to cut off the power / water but again this can backfire.

Good luck

[Cardiff_Exile]

If mine were a week late I'd start a dialogue via the agent...

Might be worth checking your insurance, you may have some cover for legal fees.

Landlordzone is a good resource for the process you will need to follow (to the letter) and also may have some recommendations for firms in London that will deal with it on your behalf.

[Sir Bagalot]

QueenBee said:

What is the worst that could happen to me if I did just take possession and changed the locks.

Let's see now.... well, you could end up inside.

I despair at threads like this. You've been a LL for 15 years. 15 fking years and to put it bluntly you know absolutely fk all considering you're renting out a very valuable asset.

I mean seriously have you not researched this? Have you not read information freely available on the internet? Have you not ever joined a Landlords association (for which the fee is tax deductible)? I'm serious when I say either do some reading or sell the place.

Anyways. Back to your issue.

Firstly your agent sounds a complete waste of fking space. Have they spoken to the tenants? Why haven't they paid? Is the rent paid by Housing benefit? If two months in arrears then you can apply to have it paid directly to you.

As they are two months in arrears you can serve a Section 8 notice. As you know very little then I would suggest you perhaps speak to these guys who will be able to help.

Edited by Sir Bagalot on Saturday 22 February 23:29

[Countdown]

QueenBee said:

I have a buy to let property in London. For the last 15 years I have had no vacant periods and have had great tenants. The current tenants however, Students from Korea have not paid the rent since November. Can I just change the locks and have my property back.

If they are more than 2 months in arrears then the process is something like

Issue Section 8 notice (cost £70)
If they don't leave issue County Court proceedings (cost £700)
If they still don't leave then use bailiffs to evict (cost £300)

The above process can take two months or longer. Have a look at

http://www.landlordslawyer.co.uk/