Any private landlords out there?
Discussion
crazy about cars said:
Quick update :
Looks like the tenants are trying it on. Repeatedly lied to the agents and kept missing payments. The thing is they pay one month off at very last minute so this just leaves them 1 month in arrear!!! Agent is trying to arrange house inspection but so far has been unsuccessful... if this takes a turn for the worse this could mean them refusing to vacate the property when the 6 month term is up in 3 months time! If this happens basically they can seize all payments and live in the house for free while I need to spend £££ on legal bills to fight them
I've no idea how they could even pass a history check!
Not a news I like to hear now
Hang on - if they are on an Assured Short-term Tenancy, then the worst you are looking at now is losing three months rent. In a months time you serve a Section 21, as their tenancy is legally over in 2 months from that date, so unless YOU renew the agreement, they have to leave...Looks like the tenants are trying it on. Repeatedly lied to the agents and kept missing payments. The thing is they pay one month off at very last minute so this just leaves them 1 month in arrear!!! Agent is trying to arrange house inspection but so far has been unsuccessful... if this takes a turn for the worse this could mean them refusing to vacate the property when the 6 month term is up in 3 months time! If this happens basically they can seize all payments and live in the house for free while I need to spend £££ on legal bills to fight them
I've no idea how they could even pass a history check!Not a news I like to hear now
Edited by crazy about cars on Thursday 8th November 15:55
Serve the 21, 2 months later they're gone. Job jobbed.
mondeoman said:
Hang on - if they are on an Assured Short-term Tenancy, then the worst you are looking at now is losing three months rent. In a months time you serve a Section 21, as their tenancy is legally over in 2 months from that date, so unless YOU renew the agreement, they have to leave...
Serve the 21, 2 months later they're gone. Job jobbed.
Thanks for the advice. Pretty miffed at why they are not cooperating with the request for the house inspection as well! I will definitely not renew the agreement but was told there is a chance the tenants refuse to leave but that's very rare case. Serve the 21, 2 months later they're gone. Job jobbed.
3 months rent is over 2k for me before tax so that's quite a big amount to loose... lesson learnt I guess but still gutted as I would have thought I took at the necessary precautions (bar insisting on a more in-depth history check which would be too excessive anyway for a normal tenant backgroun check...)
mondeoman said:
Serve the 21, 2 months later they're gone. Job jobbed.
Without wanting to be a scare moungerer.....Not quite. Yes the tenancy will be brought to an end but you can't, unfortunately, just turn up and chuck them out. If they refuse to vacate you have to go through the courts and get an eviction order. You will win, but it takes time. Then when you have the eviction order, you have to wait for when the court appointed bailiffs can attend.
It's worse if the tenants are on benefits as this is exactly the advice the local councils give their claimants as they won't rehouse them unless they have been evicted, so basically advising these people to break the law.
Remind me again about he villainous landlords?
Well this is definitely taking the piss... First off, agents keep sending monthly invoices demanding payment for their services (house inspection due) despite not being able to collect the rent AND not even able to go in for a house inspection.
Secondly, the tenants seem to be piling in new stuff in the house and bought another car for their sons while dodging the rent! Plenty of lies given to the tenant about how they are skint. I am having problems manageing my finances on the rented house and with Christmas coming this is definitely giving me a lot of stress...
I've asked about legal action and apparently I have to sort this out myself as agents won't do anything legal except serve notice (but they won't serve it yet - understandably).
ARGHHHHHHH... I think I will sell the house once this nightmare is over.
Secondly, the tenants seem to be piling in new stuff in the house and bought another car for their sons while dodging the rent! Plenty of lies given to the tenant about how they are skint. I am having problems manageing my finances on the rented house and with Christmas coming this is definitely giving me a lot of stress...
I've asked about legal action and apparently I have to sort this out myself as agents won't do anything legal except serve notice (but they won't serve it yet - understandably).
ARGHHHHHHH... I think I will sell the house once this nightmare is over.
Edited by crazy about cars on Tuesday 13th November 15:30
Mine finally left today owing me £1650.
My lovely refurbished 30's 3 bed semi is a mess.
Some people are just scum.
Once it's gone I'll let a Tuscan financially damage me instead.
My lovely refurbished 30's 3 bed semi is a mess.
Some people are just scum.
crazy about cars said:
ARGHHHHHHH... I think I will sell the house once this nightmare is over.
Feel the same. I'm done trying to business with bottom dwellers who steal money from me and see fit to damage my hard earned possessions.Once it's gone I'll let a Tuscan financially damage me instead.
Edited by B17NNS on Tuesday 13th November 16:06
crazy about cars said:
First off, agents keep sending monthly invoices demanding payment for their services (house inspection due) despite not being able to collect the rent AND not even able to go in for a house inspection.
I've asked about legal action and apparently I have to sort this out myself as agents won't do anything legal except serve notice (but they won't serve it yet - understandably).
So the Agent is charging you for services that they are failing to provide?I've asked about legal action and apparently I have to sort this out myself as agents won't do anything legal except serve notice (but they won't serve it yet - understandably).
Edited by crazy about cars on Tuesday 13th November 15:30
May be worth you seeking legal advice....
Davel said:
So the Agent is charging you for services that they are failing to provide?
May be worth you seeking legal advice....
They sent the invoices. When I questioned them on the phone she told me she'll have to speak to her manager. No payment has been demanded yet but I just find it daft sending invoices in that way.May be worth you seeking legal advice....
The normal agent I deal with works only 3 days a week so half the time I'm dealing with the other agent who I personally think can't care less about my situation...
Perhaps a rant but I can't believe it's that easy to exploit honest landlords. So many red tape to cut through before I can even issue a warning! Checked the contract and the contract ends February so I can issue notice of termination in December. I've also heard I didn't need to issue 2 month's notice if it's a short tenancy contract (6 months) as I've been warned if the tenants knew they will get thrown out they might give me more problems... now sure what to do now :S
Be careful listening to people who tell you what you want to hear. Follow the process, serve the notice to end the tenancy at the right time, and if they want to create trouble, they will. Nothing you can to do will change that, and you cannot simply turn up and hope they'll move the next day.
Have a think about what it's worth to be rid of them, i.e. you'll probably not get the last months rent, and they'll expect the whole deposit back. This is worth it to be rid.
Have a think about what it's worth to be rid of them, i.e. you'll probably not get the last months rent, and they'll expect the whole deposit back. This is worth it to be rid.
randlemarcus said:
Be careful listening to people who tell you what you want to hear. Follow the process, serve the notice to end the tenancy at the right time, and if they want to create trouble, they will. Nothing you can to do will change that, and you cannot simply turn up and hope they'll move the next day.
Have a think about what it's worth to be rid of them, i.e. you'll probably not get the last months rent, and they'll expect the whole deposit back. This is worth it to be rid.
^^^^this, although possibly three (3) months or more of unpaid rent. Your property back in a reasonable state is what you should be looking for. Have a think about what it's worth to be rid of them, i.e. you'll probably not get the last months rent, and they'll expect the whole deposit back. This is worth it to be rid.
Afew hard lessons to be learnt. Not being a landlord myself, but work in a simalar capacity, I would reccomenmd you educate yourself on the basics of Housing Law Re tenancy agreements and eviction notices. Put this ongoing experience into context, not all tenants will rip you off, however you need to know what constutes a breach of tenancy and how to repond.
Find a more proactive agent, again clarify with them how they will work for to justify there charge, or do this work yourself so you can make the appropriate checks on the next tenant, dont leave this to someone else who will not have the same interest as you in letting to a good tenant. Take more controle of this whole process, establish from the start when interviewing tenants what is expected within the tenancy and highlight the consequences if either party breach the tenancy. Hope it works out for you, dont let this experience put you off.
Find a more proactive agent, again clarify with them how they will work for to justify there charge, or do this work yourself so you can make the appropriate checks on the next tenant, dont leave this to someone else who will not have the same interest as you in letting to a good tenant. Take more controle of this whole process, establish from the start when interviewing tenants what is expected within the tenancy and highlight the consequences if either party breach the tenancy. Hope it works out for you, dont let this experience put you off.
Don't forget - a Section 21 only requires a minimum of two months notice - get it served early! It's quite common for the Section 21 to be served at the inception of the tenancy so there's no need to wait, providing the dates are done correctly (and you will need to look closely at this - the wording on the Section 21 is imperative).
crazy about cars said:
Thanks. It's a little cruel serving notice in December but I guess I have to do what I have to do...
As a landlord you need to detach yourself from all emotion involved. One of my tenants got behind, and I went through months of excuses, including blatant lies (its been paid in your bank, I'll pop a check through your door at the weekend, I was on my way to pay it when I crashed my car... blah blah blah)The minute I served a section 8, and the clock was counting, they paid up.
Even if they have money problems, you are not their overdraft facility. Even if they have every intent of paying it back, the minute they become your ex-tenant, you are last on there list of people to be paid.
Well today finally got the house inspection done. I think they can sense that the agents are not happy with them as well. Rent finally paid up (it's in agent's account so awaiting transfer to mine at the moment) and apparently tenants has told agents that they have now setup a "proper" direct debit to pay the rent (they were supposed to do this from Day 1!).
The agents have told me that I can serve the notice whenever I want but can only enforce it in February (end of tenancy agreement) so it seems that there's no 2 month's notices in affect here? She advised me to serve it closer to the termination date to avoid any possibilities of further rent dodging/issues. This seems fair to me if there's no legal requirement for me to serve 2 months notice. I've briefly read up on this and it seems for short term agreements (up to 6 months) there seem to be no need for 2 month's notice but not sure if this applies in my case.
The agents have told me that I can serve the notice whenever I want but can only enforce it in February (end of tenancy agreement) so it seems that there's no 2 month's notices in affect here? She advised me to serve it closer to the termination date to avoid any possibilities of further rent dodging/issues. This seems fair to me if there's no legal requirement for me to serve 2 months notice. I've briefly read up on this and it seems for short term agreements (up to 6 months) there seem to be no need for 2 month's notice but not sure if this applies in my case.
crazy about cars said:
Well today finally got the house inspection done. I think they can sense that the agents are not happy with them as well. Rent finally paid up (it's in agent's account so awaiting transfer to mine at the moment) and apparently tenants has told agents that they have now setup a "proper" direct debit to pay the rent (they were supposed to do this from Day 1!).
The agents have told me that I can serve the notice whenever I want but can only enforce it in February (end of tenancy agreement) so it seems that there's no 2 month's notices in affect here? She advised me to serve it closer to the termination date to avoid any possibilities of further rent dodging/issues. This seems fair to me if there's no legal requirement for me to serve 2 months notice. I've briefly read up on this and it seems for short term agreements (up to 6 months) there seem to be no need for 2 month's notice but not sure if this applies in my case.
What does the signed tenancy agreement have to say on this issue? If you want them gone, serve the S21. If they roll onto an SPT, they'll need two months notice.The agents have told me that I can serve the notice whenever I want but can only enforce it in February (end of tenancy agreement) so it seems that there's no 2 month's notices in affect here? She advised me to serve it closer to the termination date to avoid any possibilities of further rent dodging/issues. This seems fair to me if there's no legal requirement for me to serve 2 months notice. I've briefly read up on this and it seems for short term agreements (up to 6 months) there seem to be no need for 2 month's notice but not sure if this applies in my case.
If its an AST you have to serve a Section 21 giving 'at least' 2 months notice to terminate. As has already been mentioned its quite common practice for agents to serve the notice at the same time as handing the tenants the keys/AST. The critical point is that the possession date cant be any sooner the the original contract term. The same applies if they stay in occupation after the end of the AST (by agreement), and you wanted to give them notice, it has to be 2 months whereas the tenant, on the other hand, only has to give you 1 month's notice.
There is no difference in obligations AFAIK between a 6 month and 12 month AST
There is no difference in obligations AFAIK between a 6 month and 12 month AST
FUBAR said:
If its an AST you have to serve a Section 21 giving 'at least' 2 months notice to terminate. As has already been mentioned its quite common practice for agents to serve the notice at the same time as handing the tenants the keys/AST. The critical point is that the possession date cant be any sooner the the original contract term. The same applies if they stay in occupation after the end of the AST (by agreement), and you wanted to give them notice, it has to be 2 months whereas the tenant, on the other hand, only has to give you 1 month's notice.
There is no difference in obligations AFAIK between a 6 month and 12 month AST
^^^^^agree, although both the dates and the type of Section 21 Notice are critical, get either wrong and the Notice is invalid. When a tenancy runs over into a periodic tenancy, then the dates on the Notice can be dependant upon the day in the month the rent is paid, and not on the day in the month of the original AST.There is no difference in obligations AFAIK between a 6 month and 12 month AST
crazy about cars said:
Well today finally got the house inspection done. I think they can sense that the agents are not happy with them as well. Rent finally paid up (it's in agent's account so awaiting transfer to mine at the moment) and apparently tenants has told agents that they have now setup a "proper" direct debit to pay the rent (they were supposed to do this from Day 1!).
The agents have told me that I can serve the notice whenever I want but can only enforce it in February (end of tenancy agreement) so it seems that there's no 2 month's notices in affect here? She advised me to serve it closer to the termination date to avoid any possibilities of further rent dodging/issues. This seems fair to me if there's no legal requirement for me to serve 2 months notice. I've briefly read up on this and it seems for short term agreements (up to 6 months) there seem to be no need for 2 month's notice but not sure if this applies in my case.
Good news, and i am pleased for you.The agents have told me that I can serve the notice whenever I want but can only enforce it in February (end of tenancy agreement) so it seems that there's no 2 month's notices in affect here? She advised me to serve it closer to the termination date to avoid any possibilities of further rent dodging/issues. This seems fair to me if there's no legal requirement for me to serve 2 months notice. I've briefly read up on this and it seems for short term agreements (up to 6 months) there seem to be no need for 2 month's notice but not sure if this applies in my case.
Even with either a 6 or 12 month fixed term tenancy, it is always best to inform the tenants prior to end of the fixed term period, that the tenancy will be coming/brought to an end, you will not be renewing the tenancy, and serving a Section 21 makes that clear to the tenant.
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