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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

more a wwyd first world problem, tenant related

52 replies

monkeysox · 25/01/2015 18:51

We have rented out our former home on a six month lease. Paid Oct to start nothing on Nov. Dec paid 2 months. No Jan payment yet

It's a family. Do I serve notice to not continue after April? So not dripfeeing he works, rent is £750 pcm

I feel awful but we have bills to pay.

OP posts:
Hissy · 25/01/2015 19:11

Yep, serve notice to end the tenancy at 6m

HouseBaelish · 25/01/2015 19:15

I would serve the relevant Section notice (8 IIRC) with the notice term specified in the Lease. You will need to state which of the terms of the Lease they have breached. IN this case obviously it is non-payment of rent.

PtolemysNeedle · 25/01/2015 19:15

Have you spoken to them?

If they don't pay immediately, then yes, get them out as soon as you can. It doesn't sound like paying rent is their priority.

LIZS · 25/01/2015 19:23

Could they have got the account number wrong ? Have you checked before now? Is it via an agent or are you managing it yourself.

Original poster
monkeysox · 25/01/2015 20:10

Thanks for replies.

It's via an agent and it took several letters and phone calls in Nov and Dec to get them to pay. Agent asked them to.see up a standing order in Oct when they moved in.

Agent said tenants sometimes blame the bank when they are having trouble paying.

I feel so awful about making a family homeless. Decision has to be made soon as it's two months notice.

OP posts:
specialsubject · 25/01/2015 20:22

Why feel awful? You didn't offer free housing. You are being robbed.

make very sure you serve the right notice and be prepared for a legal battle. I hope you have insurance for that.

PtolemysNeedle · 25/01/2015 20:24

You won't be making a family homeless, they will have done that to themselves.

If they are struggling financially and are going to try and get a council home, you'll be stuck with them for ages. Go for a section 8 as soon as you can.

specialsubject · 25/01/2015 20:27

you need to get informed NOW about the process of eviction. Hopefully they will go without trouble, but they may not. If they don't, it will cost you.

as they had to be chased for rent from the word go it doesn't look good. I would not expect any more rent and start making plans on that basis. Be 100% on your obligations (deposit protection, gas safe) otherwise eviction notices may be rejected.

rent guarantee insurance? Malicious damage cover?

thornrose · 25/01/2015 20:34

I have been renting privately for the last 4 years. I have never missed a months rent. My biggest nightmare is being asked to leave so I will not do anything to put myself at risk.

You have no choice but to get them out, they are not good tenants, for whatever reason.

expatinscotland · 25/01/2015 20:36

Yep, serve notice. You are not running a free hotel. I have never missed rent or council tax or paid late. Even if it meant I ate beans on toast and porridge for every meal for the rest of the month.

Original poster
monkeysox · 25/01/2015 20:40

Didn't take out the insurance, will definitely do that next time. You live and learn.

You're right, they have caused it themselves.

All gas safety etc is up to date, agents did it at start.

OP posts:
GoodArvo · 25/01/2015 20:50

You can serve notice for not paying the rent, but if they don't leave you will have to get a possession order through the courts and then they get some notice after you get an eviction notice also through the courts.

Unfortunately, it can add a few extra months to the eviction process. A lot of councils don't help them (if they have a priority need) until they are actually evicted from the house. This means they are likely to hold on until eviction.

There is a Landlords Association, but you have to be a member to get advice. You could probably find info on the eviction process at gov.uk, shelter.org.uk or adviceguide.org.uk

Hissy · 25/01/2015 20:58

This is a fixed term contract which is due to expire in April, after 6m.

You are under no obligation to renew, and in fact it's assumed that unless you do, the contract will expire.

You would be advised to serve notice that you won't be renewing and that they will be expected to leave at the eMs of the agreement

Hissy · 25/01/2015 21:03

Sorry, that may be misleading..

Read this www.gov.uk/gaining-possession-of-a-privately-rented-property-let-on-an-assured-shorthold-tenancy

Original poster
monkeysox · 25/01/2015 21:10

Thanks for the link. I think section 21 best
Agent will probably do this for us.

OP posts:
brokenhearted55a · 25/01/2015 21:12

This reply has been deleted

Message withdrawn at poster's request.

Wibblypiglikesbananas · 25/01/2015 21:13

I'm a landlord, the one tenant I had who messed around with rent also messed around when he left, left the place a mess etc. Everyone else has been fine. I'd serve notice. Harsh but why should you subsidise him?

Wibblypiglikesbananas · 25/01/2015 21:14

I'd also add that if a tenant approached me and explained they were having problems but they'd be able to make up the lost rent, I'd be amenable to a compromise. However, a general aversion to paying and no contact rings alarm bells.

Clocksandcandles · 25/01/2015 22:00

I have been a private tenant, a single parent, and never missed a rent payment, never been late. In over ten years.
It's the first thing you pay, to keep your home secure.
Serve the notice.

betweenmarchandmay · 25/01/2015 22:15

I would be inclined to have a chat first. It is all very well being high handed and lofty about it but if it is through an agents then there is a good chance that they will have communicated any problems to the agents, or if they haven't, because they don't want to because it is an agents.

We can all get knocked sideways with an unexpected bill, expense or bank error.

TartinaTiara · 25/01/2015 22:34

Get rid. If they've been slack about paying rent right from the start of the tenancy, they're only going to get worse, not better. And bollocks to they've had an unexpected bill - you prioritise keeping a roof over your children's heads over everything else. And if they genuinely had problems, how much trouble would it have been to talk to the agent?

BetterTogether75 · 25/01/2015 22:39

Section 21 is better than Section 8.

iniquity · 25/01/2015 22:44

As others have said if they are struggling they will stay until evicted as thats the only way to get emergency housing from councils. You'd be better off contacting them sooner rather than later. I do have sympathy for them... I'm sure they are defaulting out of genuine difficulty.

sockmatcher · 25/01/2015 22:45

I have rented for twenty years. Twice I have missed rent payment due to banking issues. Once I missed the due date. I was mortified.

Serve the notice. Join association of landlords linked above.

Original poster
monkeysox · 26/01/2015 15:38

I've said I want proof of.standing order set up for future payments or we won't be renewing tenancy. And they still haven't paid this month, will give them until Friday.

OP posts: