Any private landlords out there?
Discussion
I'm new to the landlord business but have a query. I currently let my property out and it is managed by a well known local agent. This is just entering the 2nd year of being a landlord for myself.
The first tenants were very nice as they pay rent on time everytime and never caused any hassle. The new tenants however started complaining about every little thing (front door creaking...). I had to go out to talk to them after being advised by agent but so far everything has been ok.
After paying the deposit and the first month's rent now they have fallen behind on payments. This is just the first missed payments but it is getting into 2 weeks late. The agent has been helpful so far but I am just getting a little bit worried. I know I shouldn't be worried as legally I think I should have a comeback if something goes tits up but just want some feedback of other more experienced landlord.
Is the tenants do not pay, can I evict them? How many missed payments are the "norm" until action can be taken? Can the tenants claim "squatters rights" on me?
The first tenants were very nice as they pay rent on time everytime and never caused any hassle. The new tenants however started complaining about every little thing (front door creaking...). I had to go out to talk to them after being advised by agent but so far everything has been ok.
After paying the deposit and the first month's rent now they have fallen behind on payments. This is just the first missed payments but it is getting into 2 weeks late. The agent has been helpful so far but I am just getting a little bit worried. I know I shouldn't be worried as legally I think I should have a comeback if something goes tits up but just want some feedback of other more experienced landlord.
Is the tenants do not pay, can I evict them? How many missed payments are the "norm" until action can be taken? Can the tenants claim "squatters rights" on me?
Well really, since you are using an agent to act for you, they should be handling this.
If they are late in paying rental at this stage, the signs are not good. Have they given a reason for non-payment?
You can't simply evict people on to the street and so you should be making the agent earn his/her fee by sorting it. - that's what you pay them for.
If they are late in paying rental at this stage, the signs are not good. Have they given a reason for non-payment?
You can't simply evict people on to the street and so you should be making the agent earn his/her fee by sorting it. - that's what you pay them for.
Justayellowbadge said:
Should have been clarified in the tenancy agreement.
Did you read it, or just ok what the agents showed you?
It was a year ago so I can't remember clearly. AFAIK the agents never forwarded me any documentation when signing new tenants. All I got was invoices every month...Did you read it, or just ok what the agents showed you?
I will try to dig the agreement out again and will contact the agent if I have further concerns. She told me that the tenants apologised and "will look into it". I suppose with their full month deposit I should be that worried but after what I've been through today I just can't stop thinking about it! Been a rough day :S
at the moment tbh its a ball ache should they not want to leave. it can be quite a long drawn out process despite what was in the tenancy agreement.
in theory the tenenacy agreement will say for example - two weeks notice from either party etc but if they refuse to go then its civil courts i believe.
in theory the tenenacy agreement will say for example - two weeks notice from either party etc but if they refuse to go then its civil courts i believe.
Davel said:
Well really, since you are using an agent to act for you, they should be handling this.
If they are late in paying rental at this stage, the signs are not good. Have they given a reason for non-payment?
You can't simply evict people on to the street and so you should be making the agent earn his/her fee by sorting it. - that's what you pay them for.
Eviction is really the last resort but I don't want to end up with a family claiming "squatter's rights" and staying for free. As for reasons, the agent told me "it's hard to get them on the phone" (they could really just drive to the property as its only a 10 min drive!) and "tenants say there's something wrong with the automated bank payments". If they are late in paying rental at this stage, the signs are not good. Have they given a reason for non-payment?
You can't simply evict people on to the street and so you should be making the agent earn his/her fee by sorting it. - that's what you pay them for.
It's entering the 2nd week now as I normally get the payments on the last week each month (payment clears on the 1st week of the month for me). The agent says not to worry and all she can do is continue chasing payments. I think when pressed she said something about "just collecting the balance next month"... not sure if this is normal?
MadMullah said:
at the moment tbh its a ball ache should they not want to leave. it can be quite a long drawn out process despite what was in the tenancy agreement.
in theory the tenenacy agreement will say for example - two weeks notice from either party etc but if they refuse to go then its civil courts i believe.
Should also make clear at which point action will be taken in the event of non payment - 14 days/30 days or 1 calendar month, for example.in theory the tenenacy agreement will say for example - two weeks notice from either party etc but if they refuse to go then its civil courts i believe.
Davel said:
Don't rely on the deposit if they can't pay the rental - as you may well not be able to retain it.
The Agent is supposed to take the hassle out of the arrangement so chase them to deal with it on your behalf.
Thanks for the advice. Will do. As mentioned, had a good year last year but I guess this is one of the risks of being a landlord! I was thinking of stopping the services from the agents but glad I haven't.The Agent is supposed to take the hassle out of the arrangement so chase them to deal with it on your behalf.
crazy about cars said:
The agent says not to worry and all she can do is continue chasing payments. I think when pressed she said something about "just collecting the balance next month"... not sure if this is normal?
Ahahahah. Ha.See if she continues to say the same thing when you ask for the agency to pay you your rent, and they can chase it next month.
My AST had a 14 day clause, after which the tenants were served notice. Luckily, my sneaky next door neighbours took them on without telling me, so I only lost three months, and a bunch of redecoration. It took them about 14 months to get rid.
randlemarcus said:
Very experienced scum, well-versed in the ways of the housing benefits, and associated scummery. Ben Thomson and Claire Harwood - bow your heads in shame.
Hmm, tenants (as far as I'm aware) are not on benefits and have passed a "background check" by the agents. Hopefully this won't end up that way. I'm trying to tell myself I'm just being over paranoid at the moment but I really hope the payment comes through by the end of this week! 
"Your" deposit from the tenants will be held in an escrow account, not by you or the agency. Therefore you cannot guarantee you'll be able to access it should they not pay.
If the letting agents are managing it then this should be their problem, but it'll all be in the agreement you should by now have requested an immediate copy of.
If the letting agents are managing it then this should be their problem, but it'll all be in the agreement you should by now have requested an immediate copy of.
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.
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.
Had a similar issue a few years back. Single guy, own business etc.
He was fine for a few months but then started to not pay. Agent was f
king useless... 'We're chasing him'... 'He's hard to get hold of' and the usual crap.
I was travelling for a year so was not really able to do anything from South America.
When I got back he was still being an arse, although I think I was getting paid as I had some sort of payment insurance (it was 10 years ago so memory isn't completely clear). Despite paying the agent top dollar for their top service they did sweet FA.
It took getting sneaky on him to get rid... Watching him leave for work to get his car reg. Tracking him to see where he went. Getting his work number and calling him there... Turning up at his work...
Eventually he got pretty fed up with it
I finally confronted him face to face and had a final letter & demand for him to leave delivered. I made it very clear he needed to leave. And soon.
He was gone within a few days.
After moving back in I started to get a picture of what a scammer he was - bills for 30k for a S Class to ferry him about, invoices for IT kit, numerous letters to multiple bogus companies in his name. And this was someone the agent checked out, had references, seemed like a good guy when I met him.
Also had problems with another couple who left the place in a right state. They didn't get any deposit back but it cost me far more to put right that I had anyway.
I recently let my place again when I moved in with Gretch and things are going ok ish. She seems a bit moany but payment via the agent is prompt. I'm only paying the agent for finding a tenant and rent collection. For the extra 5% I'd rather deal with any issues myself given previous experience.
Being a landlord is awesome. Good luck.
He was fine for a few months but then started to not pay. Agent was f
king useless... 'We're chasing him'... 'He's hard to get hold of' and the usual crap.I was travelling for a year so was not really able to do anything from South America.
When I got back he was still being an arse, although I think I was getting paid as I had some sort of payment insurance (it was 10 years ago so memory isn't completely clear). Despite paying the agent top dollar for their top service they did sweet FA.
It took getting sneaky on him to get rid... Watching him leave for work to get his car reg. Tracking him to see where he went. Getting his work number and calling him there... Turning up at his work...
Eventually he got pretty fed up with it
I finally confronted him face to face and had a final letter & demand for him to leave delivered. I made it very clear he needed to leave. And soon.
He was gone within a few days.
After moving back in I started to get a picture of what a scammer he was - bills for 30k for a S Class to ferry him about, invoices for IT kit, numerous letters to multiple bogus companies in his name. And this was someone the agent checked out, had references, seemed like a good guy when I met him.
Also had problems with another couple who left the place in a right state. They didn't get any deposit back but it cost me far more to put right that I had anyway.
I recently let my place again when I moved in with Gretch and things are going ok ish. She seems a bit moany but payment via the agent is prompt. I'm only paying the agent for finding a tenant and rent collection. For the extra 5% I'd rather deal with any issues myself given previous experience.
Being a landlord is awesome. Good luck.
crazy about cars said:
Eviction is really the last resort but I don't want to end up with a family claiming "squatter's rights" and staying for free
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..crazy about cars said:
I know I shouldn't be worried as legally I think I should have a comeback if something goes tits up
You should be worried. Your tenants have to have missed at least 2 months rent before you can even start proceedings to get them out.So, you'll potentially lose at least two months rent (probably more), you'll have to pay your legals and when you finally get them evicted they will have trashed the place.
Welcome to the wonderful world of dealing with scumbags who know their ooooman rights and consider you the big bad landlord.
Yes, I've got one currently that hasn't paid me for nearly ten weeks now. Won't take calls, respond to texts, e-mails or letters. All the while sitting in a house for free that I worked hard for, paid for and renovated.
And breathe.
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