To want to kick her out?

[TrixiMarybelle]

When do you pay your mortgage/rent? I rent a house to a woman and in nearly two years she has only paid her rent on time twice. I have had to chase it up every other time.

I've had enough. The last rent was due on 5th June and she still hasn't paid it. The next months rent will be due in five more days. If I don't remind her, the debt will pile up and then I'm not likely to get it.

I told her I would be giving her notice to quit because I'm sick of it. She now says she's going to get legal advice. Wtaf? She says she is struggling with money at the moment and she has a daughter which gives her rights.

I think she's just plain rude. If you can't afford it, you can't have it. I'm not running a charity. The rent is already cheaper than the going rate because I'm not being greedy. There are plenty of other people looking for homes. Why can't she realise that your rent must be paid. Surely, after food, your home is the next most important thing.

So, am I being unreasonable to terminate her tenancy?

Nope, YANBU. And I'm pretty sure having a child doesn't give you the right to not pay your bills on time.

However, my advice would be that in the future you only accept rent payments as standing orders. Then you don't have to wait for a cheque.

Yanbu. I am a landlord and if a tennent was frequently late with rent i wohld terminate the contract. You are well within your rights to do so as long as you have a proper contract. As you say you are not a charity and presumably you rely on ths money for income or mortgage payments. Therefore if she doesnt pay you will end up in dire staights. Might be worth going to cab to confirm your rights

Just asked DH who runs a property company. He says...

You have to weigh up the hassle and time of running after her against being without rent for two months whilst you get someone new in. This is best case scenario.

Worst case scenario is if she fights the notice to quit, and you have to go through ejectment procedures. These can take up to a year, and will be costly.

If she does eventually pay the rent and keeps the house well, maybe just put up with it? Although DH says most people just go when they get ejectment procedures, but she may not.

She may need to wait for you to go to court to get her out as that's the only way shed be eligable for social housing.

If she's struggling financially she probably won't have the money for advance rent/deposit on a new place so this may be her only option?

Has she said why she's struggling? Has she for example lost her job? Hours been cut?

Hopefully her seeking legal advice may point her in the direction of any help she may be eligable for like housing benefit and you will get the rent you are owed.

I can see you're fed up, but keeping a civil dialogue will surely help?

Oh and YANBU to want to kick her out, but you can't just 'kick out' a tenant as they do have rights so she's right on that one.

Yes, echo amber here

You must observe correct procedure, yanbu to want to get rid

That's the annoying thing Amber, she has money she just chooses to spend it on other things. She is friends with people I know and is often out on the town. I think if she can afford to drink, she can afford her rent.

She did originally set up a standing order but had no funds to cover it so it was stopped. Then she sent me cheques but they bounced. Now she just pays it direct to my account when she has it.

She's a real 'airy-fairy' type and is just not being responsible. But I can't understand how she thinks she can just do this and then complain to me when I ask her for money.

I'm entitled to claim interest on late payments which I have never done, until this month. Last month I warned her that I would be claiming interest on any future late payments, in the hope that it would motivate her to pay on time but sadly that hasn't happened.

I have to let her go, what other choice has she left me with?

Yanbu. In fact, having had that kind of response from her about non payment of rent, you would be an idiot to delay starting the formal process of getting her out any further imo, it will take you a few months and I doubt she will pay you anything once you give her notice (not that I think she was intending to pay you anyway, at least not reliably).

Can you get a mangement company involved? Or go round to collect you would need to give 24 hours notice I think - and wait until she coughs up? Also - maybe change the due date to 1st of the month when she has probably just been paid?

We have already changed the date because she gets money from her ex on the 1st of each month.

I will give her notice to quit and then if she doesn't pay any more rent I'll have to make a claim through the courts. Trouble is, this will blot her ability to borrow in the future and letting agencies won't touch her. I certainly could not give her a reference with a clear conscience!

Yes I think I'd lose patience too if its a historical thing and also that she doesn't appear to place any priority on paying, that's very different from suddenly finding yourself short and struggling.

I'd start proceedings if I were you and look into where you stand legally and costwise if she doesn't just leave when asked.

I think (because I'm a softie!) I'd maybe write a letter detailing your intentions if she doesn't 1. Pay what's owed by xx date and 2. Set up a standing order or DD.

Purely because it could be very costly if you have to take her to court. Then when the time comes don't renew her contract.

Do you have a standard assured shorthold tenancy agreement? Because in that you generally can give her 2 months notice to quit, you don't have to give a reason. Just inform her formally in writing. There is probably no point in having any dialogue with her about it to be honest.

The thing is she may just refuse to leave, refuse to pay rent and then you have to eject her via the courts, which will take months. But she seems pretty feckless, I would probably start proceedings now.

You arent a landlord as a hobby and you are not a charity. Seek legal advice and find exactly where you stand. Then start proceedings. You may lose out on a few months rent while it gets sorted but then you can get a tenant in who will pay.

And child or not, she is the only one responsible if she puts herself and her child in the position of having nowhere to live.

Give her her notice. If she has taken the piss for this long then she will keep on for as long as she is there.

YANBU - she is breaching her tenancy contract.

You have proof of late payment over a period of time i.e. it is not a one off situation.

Give her notice as per her contract - 2 months I imagine.

Yes Amberleaf the tenant does have rights but then so does a landlord, and this particular tenant has encroach on the OP's right for far too long.

What GetOrf said, but it's worth seeking advice about how to word the letter giving her two months notice as I think there are some specific things you need to say. This gives a bit more info: www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Tenancies/DG_189123

In my experience (including 5 years working in court dealing with this ) if she fights it it could take a while /cost a lot to get her out Courts are reluctant to evict families with children particularly when the rent is not on arrears