Any private landlords out there?
Discussion
1point7bar said:
Your solicitor would.
I have a company solicitor but not sure if I should involve them in this matter. Should I get a solicitor to handle this? The agents so far have failed to reply to any written correspondence. WhenI call the agent I was told that they are "chasing them" and "it's only their first missed payment".Legally speaking, what should I do now?
1point7bar said:
Examine your options.
Do you really understand all of the paperwork?
Don't be afraid to ask a property solicitor.
I have read the tenancy agreement between the agent and the tenant and I've raised a few questions (one regarding a clause in the contract about interest on missed payments). Agents not keen to reply to me at the moment. I do not want to make things worse but would appreciate prompt payment.Do you really understand all of the paperwork?
Don't be afraid to ask a property solicitor.
Legally, what is the best thing I can do at the moment?
and the plot thickens. After I have mentioned about pursuing further actionthe tenants finally confesses that they've "spent the money by mistake". At first they were giving all excuses under the sun (bank error, agent error...). They tried to negotiate that they will pay 2 months worth of rent next month but I'm not falling for that.
Spoken to the agents and they say that they understand my pain but at this point there is nothing much they can do but continue chasing. I've asked about the clause in the contract where late rent payments could be charged interest. At first the agent is reluctant to comment but when I told her I want to speak to her manager directly she told me that she will personally raise this issue to the manager when he is back.
I do understand that you can't make payment if you have something serious that needs the funds but this is just purely taking the mick! I've also noticed their youngest son just bought a new car as well!!!
Anyway this is a 6 month contract so I can see why they are trying to worm their way out of payments. I will try to evict them if 2nd payment is missed but I have a guy feeling they will somehow get to stay in the house rent free for 5 months!!! (only paid the first payment as you cannot move in without) I kind of regret being so nice to them when moving in and arranged for plumbers to come hook up their washing machine now... Just goes to show in this world no matter how nice you are there's someone out there to take advantage of you!
Spoken to the agents and they say that they understand my pain but at this point there is nothing much they can do but continue chasing. I've asked about the clause in the contract where late rent payments could be charged interest. At first the agent is reluctant to comment but when I told her I want to speak to her manager directly she told me that she will personally raise this issue to the manager when he is back.
I do understand that you can't make payment if you have something serious that needs the funds but this is just purely taking the mick! I've also noticed their youngest son just bought a new car as well!!!
Anyway this is a 6 month contract so I can see why they are trying to worm their way out of payments. I will try to evict them if 2nd payment is missed but I have a guy feeling they will somehow get to stay in the house rent free for 5 months!!! (only paid the first payment as you cannot move in without) I kind of regret being so nice to them when moving in and arranged for plumbers to come hook up their washing machine now... Just goes to show in this world no matter how nice you are there's someone out there to take advantage of you!
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?
In the above situation, you need to appear to make a reasonable effort to gain access to the rental property, so I would suggest three (3) requests to the tenant, with one being by recorded post.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?
My former ex tenant who refused my gas engineer access, was later found to be cultivating cannabis.
mk1fan said:
http://www.amazon.co.uk/s/ref=nb_sb_noss_1?url=sea...
Being a Landlord is a business. Regardless of how you ended up becoming a Landlord, to ignore your responsibilities is naive and just increases the risks of problems. If things end up in Court then you'll [quite rightly] be expected to be an expert and the tenant a layman.
There is never any substitute for both talking to, and seeking advice, from either a letting agent of groak’s experience, or a person with longetivity of being a landlord. The latter the OP can achieve by joining his local area landlords association, where for an annual membership fee, of between £30-50, a landlord will free legal documents and the latest update to changes in regulations/legislations. Being a Landlord is a business. Regardless of how you ended up becoming a Landlord, to ignore your responsibilities is naive and just increases the risks of problems. If things end up in Court then you'll [quite rightly] be expected to be an expert and the tenant a layman.
OP, go and see the bosses of the tenants and ask for the rent to be paid direct from their earnings now rather than waiting another two months.
There's also the probability that that the refusee isn't mentally stable.
crazy about cars said:
Sorry if this sound like a silly question but why would a tenant refuse entry for a simple thing like a gas inspection? Just curious...
There are many plausible reasons, from having a goldfish when the tenancy doesn't allow pets to most of the house being used to grow drugs and plenty in between.There's also the probability that that the refusee isn't mentally stable.
spikeyhead said:
There are many plausible reasons, from having a goldfish when the tenancy doesn't allow pets to most of the house being used to grow drugs and plenty in between.
There's also the probability that that the refusee isn't mentally stable.
Tbh that crossed my mind but seems to drastic and they know where I live so I don't want my family to be in any harm (let's just say his 2 sons are a bit.... burly)There's also the probability that that the refusee isn't mentally stable.
I've been given a promise payment will be made by this Wednesday (can take up to 5 business days to clear as agent need to transfer from their account to mine) so let's hope something good comes out of this...
What kind of credit/background check was done this time I do wonder... the first tenants are very trouble free compared to this one!
crazy about cars said:
and the plot thickens. After I have mentioned about pursuing further actionthe tenants finally confesses that they've "spent the money by mistake". At first they were giving all excuses under the sun (bank error, agent error...). They tried to negotiate that they will pay 2 months worth of rent next month but I'm not falling for that.
Spoken to the agents and they say that they understand my pain but at this point there is nothing much they can do but continue chasing. I've asked about the clause in the contract where late rent payments could be charged interest. At first the agent is reluctant to comment but when I told her I want to speak to her manager directly she told me that she will personally raise this issue to the manager when he is back.
I do understand that you can't make payment if you have something serious that needs the funds but this is just purely taking the mick! I've also noticed their youngest son just bought a new car as well!!!
Anyway this is a 6 month contract so I can see why they are trying to worm their way out of payments. I will try to evict them if 2nd payment is missed but I have a guy feeling they will somehow get to stay in the house rent free for 5 months!!! (only paid the first payment as you cannot move in without) I kind of regret being so nice to them when moving in and arranged for plumbers to come hook up their washing machine now... Just goes to show in this world no matter how nice you are there's someone out there to take advantage of you!
You will no doubt already realize, that there is little difference between either saving monies and earning monies. The obvious example being that if you don’t pay the landlord one months rent of shall we say £600, then that can be the same as like going out and earning £600. And the longer the rent goes unpaid, then more the rent money belongs to the tenant’s savings, and the more difficult it becomes to recover the rental arrears.Spoken to the agents and they say that they understand my pain but at this point there is nothing much they can do but continue chasing. I've asked about the clause in the contract where late rent payments could be charged interest. At first the agent is reluctant to comment but when I told her I want to speak to her manager directly she told me that she will personally raise this issue to the manager when he is back.
I do understand that you can't make payment if you have something serious that needs the funds but this is just purely taking the mick! I've also noticed their youngest son just bought a new car as well!!!
Anyway this is a 6 month contract so I can see why they are trying to worm their way out of payments. I will try to evict them if 2nd payment is missed but I have a guy feeling they will somehow get to stay in the house rent free for 5 months!!! (only paid the first payment as you cannot move in without) I kind of regret being so nice to them when moving in and arranged for plumbers to come hook up their washing machine now... Just goes to show in this world no matter how nice you are there's someone out there to take advantage of you!
The UK government drafts laws, legislations etc., and not letting agents or landlords, therefore whatever a tenancy agreement may say, if the same does not comply to legislation, then the courts will overrule the tenancy agreement.
As a landlord myself, and having had to deal many times with tenants falling into rental arrears, and also not having met your tenants “face to face”, I can like others only offer you general advice.
So my advice would be that since you have a letting agent acting for you, then you do not contact the tenant direct, but communicate with the tenant via your letting agent. Rental arrears must not be allowed to drag on, and once the second (2) month arrives with no rental payment, then your agents must serve upon the tenants a Section 8 Notice.
The Section 8 Notice usually accords the tenant/s 14 days Notice of settling the rental arrears before legal action is started to recover the arrears. Again once that time/period elapses, you must immediately start legal proceedings for both repossession of the rental property, and the recovery of the arrears and your legal costs etc.
Even after you have taken the above legal proceedings, if true to form, it may still take you a further 4 months to obtain possession of your property, and your tenant, he has increased his savings by £3600.
Welcome to the real world of being a private landlord.
OP, go and see the bosses of the tenants and ask for the rent to be paid direct from their earnings now rather than waiting another two months.
[quote=spikeyhead]
^^^^A landlord would be in serious trouble if he acted upon the above advice, harassment possibly with a visit from the local police. The only way an employer could be involved, would be through an attachment of earnings order from the courts.
[quote=spikeyhead]
^^^^A landlord would be in serious trouble if he acted upon the above advice, harassment possibly with a visit from the local police. The only way an employer could be involved, would be through an attachment of earnings order from the courts.
Wings said:
You will no doubt already realize, that there is little difference between either saving monies and earning monies. The obvious example being that if you don’t pay the landlord one months rent of shall we say £600, then that can be the same as like going out and earning £600. And the longer the rent goes unpaid, then more the rent money belongs to the tenant’s savings, and the more difficult it becomes to recover the rental arrears.
The UK government drafts laws, legislations etc., and not letting agents or landlords, therefore whatever a tenancy agreement may say, if the same does not comply to legislation, then the courts will overrule the tenancy agreement.
As a landlord myself, and having had to deal many times with tenants falling into rental arrears, and also not having met your tenants “face to face”, I can like others only offer you general advice.
So my advice would be that since you have a letting agent acting for you, then you do not contact the tenant direct, but communicate with the tenant via your letting agent. Rental arrears must not be allowed to drag on, and once the second (2) month arrives with no rental payment, then your agents must serve upon the tenants a Section 8 Notice.
The Section 8 Notice usually accords the tenant/s 14 days Notice of settling the rental arrears before legal action is started to recover the arrears. Again once that time/period elapses, you must immediately start legal proceedings for both repossession of the rental property, and the recovery of the arrears and your legal costs etc.
Even after you have taken the above legal proceedings, if true to form, it may still take you a further 4 months to obtain possession of your property, and your tenant, he has increased his savings by £3600.
Welcome to the real world of being a private landlord.
Thanks. Very sound advice indeed. I am avoiding any contact with the tenants and letting the agents fully handle this as I do not wish to over complicate things. I've met them face-to-face and offered to help out when they were just moving in and on the face of things they do seem like nice bunch of people.The UK government drafts laws, legislations etc., and not letting agents or landlords, therefore whatever a tenancy agreement may say, if the same does not comply to legislation, then the courts will overrule the tenancy agreement.
As a landlord myself, and having had to deal many times with tenants falling into rental arrears, and also not having met your tenants “face to face”, I can like others only offer you general advice.
So my advice would be that since you have a letting agent acting for you, then you do not contact the tenant direct, but communicate with the tenant via your letting agent. Rental arrears must not be allowed to drag on, and once the second (2) month arrives with no rental payment, then your agents must serve upon the tenants a Section 8 Notice.
The Section 8 Notice usually accords the tenant/s 14 days Notice of settling the rental arrears before legal action is started to recover the arrears. Again once that time/period elapses, you must immediately start legal proceedings for both repossession of the rental property, and the recovery of the arrears and your legal costs etc.
Even after you have taken the above legal proceedings, if true to form, it may still take you a further 4 months to obtain possession of your property, and your tenant, he has increased his savings by £3600.
Welcome to the real world of being a private landlord.
My impression of things changes though after finding out about the blatant lies. I have a feeling the agents themselves are feeling a bit fed up.
Regarding the Section 8 - what if the next payment cycle arrives (30th this month according to contract) and the tenants only managed to pay 1 month's worth of rent (i.e not all arrears fully paid)? Everytime I try to ask a legal question with my agent she just avoids it and keeps on telling me "they are trying their best".
Personally I would try to avoid legal action but I know in this case head-in-sand approach could be costly. The only legal council I have is the company solicitor and I don't think I want to involve them in this as it's a private matter. Where (and when) should I seek legal advise? I take it it is not a responsibility of the letting agent at all to provide any legal assistance?
Sorry for all the question - stressful time at work as well as dealing with the rental problem...
A Section 8 Notice for rental arrears, should only be proceeded through, to the courts, when the tenant/s is/are two months or more in rental arrears.
Section 8 is just a Notice to the tenant/s, advising that unless the rental arrears are reduced within 14 days, then it is the agents/LL’s intentions to proceed with legal action, the same does not compel the agent/LL to proceed with legal action. I have tenants that have received several Section 8 Notices from me, and they still remain tenants after 5 years of tenancy.
Where a landlord has a tenant/s that you have described, then keeping things on a business footing, letting an agent deal with the tenant/s can reduce damage limitations. For there are times when landlords are dealing with the tenant over rental arrears, it becomes too personal, confrontational, leading to a challenge for the tenant/s to surmount, possibly not just rental arrears but also a vandalised property.
It is early days in the tenancy, leave it to the experts, letting agents to deal with, and if at a later date you need further advice, then please pm me.
Section 8 is just a Notice to the tenant/s, advising that unless the rental arrears are reduced within 14 days, then it is the agents/LL’s intentions to proceed with legal action, the same does not compel the agent/LL to proceed with legal action. I have tenants that have received several Section 8 Notices from me, and they still remain tenants after 5 years of tenancy.
Where a landlord has a tenant/s that you have described, then keeping things on a business footing, letting an agent deal with the tenant/s can reduce damage limitations. For there are times when landlords are dealing with the tenant over rental arrears, it becomes too personal, confrontational, leading to a challenge for the tenant/s to surmount, possibly not just rental arrears but also a vandalised property.
It is early days in the tenancy, leave it to the experts, letting agents to deal with, and if at a later date you need further advice, then please pm me.
Wings said:
A Section 8 Notice for rental arrears, should only be proceeded through, to the courts, when the tenant/s is/are two months or more in rental arrears.
Section 8 is just a Notice to the tenant/s, advising that unless the rental arrears are reduced within 14 days, then it is the agents/LL’s intentions to proceed with legal action, the same does not compel the agent/LL to proceed with legal action. I have tenants that have received several Section 8 Notices from me, and they still remain tenants after 5 years of tenancy.
Where a landlord has a tenant/s that you have described, then keeping things on a business footing, letting an agent deal with the tenant/s can reduce damage limitations. For there are times when landlords are dealing with the tenant over rental arrears, it becomes too personal, confrontational, leading to a challenge for the tenant/s to surmount, possibly not just rental arrears but also a vandalised property.
It is early days in the tenancy, leave it to the experts, letting agents to deal with, and if at a later date you need further advice, then please pm me.
Sounds advice, thanks a lot for your time mate.Section 8 is just a Notice to the tenant/s, advising that unless the rental arrears are reduced within 14 days, then it is the agents/LL’s intentions to proceed with legal action, the same does not compel the agent/LL to proceed with legal action. I have tenants that have received several Section 8 Notices from me, and they still remain tenants after 5 years of tenancy.
Where a landlord has a tenant/s that you have described, then keeping things on a business footing, letting an agent deal with the tenant/s can reduce damage limitations. For there are times when landlords are dealing with the tenant over rental arrears, it becomes too personal, confrontational, leading to a challenge for the tenant/s to surmount, possibly not just rental arrears but also a vandalised property.
It is early days in the tenancy, leave it to the experts, letting agents to deal with, and if at a later date you need further advice, then please pm me.
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