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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:
LurkingHusband · 26/01/2015 15:48

Apologies if this is thread derailing, but curious as to what "agents" actually do ? Because it seems to me like the OP has a dog and is barking ?

Or are they the sort of "agents" who take your money, and then tell you that everything is your responsibility ?

BoffinMum · 26/01/2015 15:54

Yes, serve notice. You are doing this on a business basis and tenants that develop a pattern of paying late or not paying at all invariably bugger off leaving huge bills and a mess behind them.

If you feel sorry for them, prepare a helpful pack with contact details about welfare support and social housing in case they have a sob story. But it is not your job to subsidise them. I am sorry to sound cynical but so many bad tenants pull this over landlords that I think you need to have your eyes open.

What did their financial reference say?

SistersOfPercy · 26/01/2015 15:58

Personally I think you are being too nice here. Giving them till Friday is giving them more leeway than they deserve. Personally I'd serve notice.

BoffinMum · 26/01/2015 16:00

I would just tell them via the agent that you are not renewing their tenancy as their payments have been too irregular, and move on. Let the agent sort them out after that.

PtolemysNeedle · 26/01/2015 16:07

I agree that you're being too nice. Proof of a standing order means nothing, they could set up a standing order and cancel it the next day.

If you're paying an agent, they should be sorting this for you, and they should be able to have someone new ready to move in straight after the non payers move out.

StackladysMorphicResonator · 26/01/2015 16:43

I expect you'll need to chase them for the last few months' rent if you serve notice - you may need to take them to small claims.

Do you have a deposit?

Original poster
monkeysox · 26/01/2015 17:32

Yes agent has deposit.

Think we need rid of them

OP posts:
TheChandler · 26/01/2015 18:00

I feel so awful about making a family homeless.

I wonder if they feel bad about screwing free accommodation out of someone. They are making themselves homeless, and by the time you evict them, will have plenty of time to sort out something else.

Start eviction proceedings, in the unlikely event they turn out to be wronged angels you don't have to go through with the actual eviction. And pursue them for the unpaid rent afterwards. I wouldn't trust them to move out on time, so definately evict formally.

sockmatcher · 26/01/2015 18:29

The agent needs sacking too. They aren't actually doing anything.

Agree standing order means nothing. Serve notice.

specialsubject · 26/01/2015 18:32

the OP is indeed keeping a dog and barking.

good agents help you through all this, do all the checks, give advice and guidance. BUT THERE IS NO REGULATION.It's terrible.

landlords are running a business and need to be informed about all the risks.

the tenants are making themselves homeless. Mortgage companies don't lose sleep about evicting persistent non payers. Nor should landlords. We do not live in a world of free housing.

LaLyra · 26/01/2015 18:41

You are not making a family homeless, they are making themselves homeless.

I rent out my old flat and my tenants both got made redundant (as in turned up to work and found the place closed) just before Christmas 2013. In contrast to your tenants they rang me straight away to say there might be an issue, but they were doing everything they could to sort things out. Emailed me a copy of their housing benefit application and their bank statement showing that what they had paid (£75 short of full rent) was all that they had without me asking for it. A couple of days later they then transferred me 60 odd quid they'd borrowed and APOLOGISED for it still being short. Their housing benefit took some time to sort because of holidays and they kept me totally in the loop and paid the second they could.

Genuine banking error/wages error aside a good tenant would never allow the landlord to know about a problem with rent being paid by discovering it hasn't been paid. Any decent tenant will already have been in touch with the LL or agent to explain what has happened and when the problem will be rectified.

I would issue the section 21. If they mess about paying so much in a 6 month lease what makes you think they'll actually leave?

You need to protect yourself. What if they don't leave in April? Then you'll have to start proceedings then and it'll take a couple of months longer.

LaLyra · 26/01/2015 18:43

Oh and proof of a standing order means nothing. I could set up a standing order saying that I'm going to pay you a million pounds a month for the next 25 years, but one minute after I've taken the screen shot to show you it can be cancelled.

specialsubject · 26/01/2015 19:13

good points, lalyra. Short term problems can often be resolved like this if there is willingness on both sides. For instance, if the tenants can no longer afford the property they could help themselves by contacting the landlord, by asking for it to be marketed and by allowing viewings to get someone else in.

the landlord would not have to accept this but it would make sense.

no communication and late rent from the word go are immense red flags.

PipeDownSmallFry · 26/01/2015 19:31

Don't feel bad about serving a section 21. Your agent will tell you the right process to follow. If they have been rubbish payers in the first 4 months it is likely only to get worse as they will think you don't mind the late/ random payments. You or your agent can always give them details of the local citizens advice centre or council so they can get advice if they are likely to become homeless and have children. The council may try to talk you into keeping them on but just be firm that unfortunately you cannot afford to let them carry on living there with no rent. It may be a bit of a bumpy ride to get them out so don't get too upset if they don't leave when the section 21 expires just follow the correct court procedure for a possession order and bailiffs warrant if needed.

Hissy · 26/01/2015 20:20

id also insist on an inspection if at all possible, get the agent to go around there to check condition of everything. you do have a professional inventory, don't you?

Original poster
monkeysox · 26/01/2015 20:29

Agent did an inspection last month at my request. Yes, inventory was done.

OP posts:
WeAreEternal · 26/01/2015 20:41

I'm a landlord and I would definitely be serving notice.

I know experience, tenants like that only get worse.

specialsubject · 26/01/2015 21:09

I also recommend that you make sure you have malicious damage insurance. Tenants that are being evicted may take it out on your property.

Original poster
monkeysox · 28/01/2015 22:06

Notice is being served Next week. They've still not paid this month. Over two weeks late.

OP posts:
specialsubject · 29/01/2015 11:05

to re-iterate; please make sure notice is served in the exact correct form. You could be in for a long battle.

hope that's not what happens.

SistersOfPercy · 29/01/2015 11:57

Right decision I think monkey. I hope it goes smoothly for you.

MythicalKings · 29/01/2015 11:59

Hope they go quietly, they've taken the piss for long enough.

850Pro · 29/01/2015 12:07

Its shocking how long it takes to evict people in the UK :-(

Downtheroadfirstonleft · 29/01/2015 14:13

When you say the agent has the deposit, I hope you mean agent has put the deposit with one of the approved deposit holding agencies? Otherwise the section 21 will be invalid.

If they ARE going to be homeless, expect the council to advise them to stay in the house until court has given an eviction notice.

Original poster
monkeysox · 29/01/2015 19:26

Yes, deposit is in the scheme. I'm going to.use a different agent once this is over too. Thanks for replies

OP posts:
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