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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To be pissed off at having just seen my tenants spending a load of cash whilst they're behind on rent?

533 replies

JennylovesRosie · 30/04/2016 15:41

I am fed up to the back teeth.

This is the third month now where they're falling behind.

(I know them by their appearance and we have a mutual friend on a social networking site)

I have just seen them paying for a spa and no doubt it'll be up on social media next week (they like to brag and display all their newly acquired gains in Instagrammed glory.)

Next month my kids won't have the birthday parties they wanted because I'm subsidising these idiots living expenses and incurring charges as for their late/part payments. Angry

Has anyone managed to get tenants out despite then not being 2 months late on rent. The Lettings agency have told me I'm stuck with them . Can I fine them?

They got a 12 fixed contract in January and surprise-surprise they started to default from day one of it.

I'm so upset.

OP posts:
ThatPairOfCats · 01/05/2016 11:18

YANBU We had the same situation with FILs house using the rent to fund his care home costs. Ungrateful tennants started being short with their rent which was cheaper than market price. They eventually got a council house and left us with a £10000 repair bill where they'd kicked every door in and wrecked the kitchen and bathroom. Worst thing? They were friends of ours.

carabos · 01/05/2016 11:18

As a long-term (12years) accidental tenant who has never missed or been late with a payment, my gripe with our LL (having no experience of others) is that he seems to think it is ok to do the bare minimum. We have recently had threadbare carpets (and I mean threadbare) replaced, only because the stair carpet was becoming dangerous. It took him nearly 10 years to replace a shower that we could only use in the summer because the thermostat didn't work properly. I suggested time and again that we replace the carpets at our own expense but he wouldn't allow it.

I would like a lease that allows us to decorate and furnish as we like, within specified minimum standards obviously and using tradespeople from an approved list - this would protect the LL's asset while allowing us to use the property like, well, our home. I would like to be able to insist that certain upgrades to the property are carried out e.g. Replacement windows - we have very high energy bills and the property should be rewired. It's not dangerous, but it's not up to modern standards.

I think it behoves both sides to act properly, not scrimp.

MrsFlorrick · 01/05/2016 11:21

MsHoolie Smile

I do hope the OP reads it though and hasn't run away due to some of the horrible and unnecessary comments on here.

Handsoffmysweets · 01/05/2016 11:22

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request

LaurieMarlow · 01/05/2016 11:26

Handsoff, the only thing that should have any bearing for the OP is what the law deems to be OK.

Alleycat1 · 01/05/2016 11:27

Yes, Hands, it seems some do. However, sometimes extremely difficult circumstances (e.g. death of wage earner) can lead to it happening. That is not the case here as the tenants prefer to pay for luxury spa treatments and are playing the system. Like you, I don't understand the attitude towards the OP of some posters.

Mariqui · 01/05/2016 11:31

Sometimes there is a 6 month clause within a 12 month contract which enables the landlord to serve notice at 6 months if they are unhappy - check your contract if you can as many letting agents do include this.

Buckinbronco · 01/05/2016 11:34

The point is, no one knows what the case here is. We were in mortgage arrears for 5 years. We had holidays and luxuries during that time. Often, they were paid for by others. Sometimes by us.

I don't know or care whether my mortgage lender was about to go bust. My life was so stressful I had a nervous breakdown and so did my DH. I didn't, and don't, have time or energy to worry about them.

As laurie said its not about rights and wrong it's about uncontrollables and risk. if you can't accept them as part of running your business it is not a sustainable, or successful, venture

twelly · 01/05/2016 11:40

The lifestyle of the tennant is irrelevant in terms of how they spend money/holiday etc but they should pay on time - that is the agreement , they are not above that. Equally how the landlord chooses to spend their money is irrelevant. The OP in this case is the wronged party

riceuten · 01/05/2016 11:42

YANBU

How long has their contract left to run?

Handsoffmysweets · 01/05/2016 11:49

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request

Alleycat1 · 01/05/2016 12:00

I despair.The OP is only renting because she had move and was unable to sell her house. Why do people have to be so vile!

Alleycat1 · 01/05/2016 12:01

Should say 'renting out'

Shining12 · 01/05/2016 12:07

Landlords have been able to game the system with impunity for a good while now
Tenants are starting to game them back
The worm has turned

shillwheeler · 01/05/2016 12:18

Definitely keeping out of the landlord bashing here as I can definitely detect undeserved negativity.

Sadly, even if you use an agent, some are better than others, and some (most) are pretty useless when things go pear-shaped. They are also pretty rubbish at referencing, tend to use agencies and often tenants lie and/or even if they pass the tests there is no guarantee they will pay the rent, or pay it on time. Best to make sure of your tenants' previous record before hand - check out the references yourself in future, particularly from former landlords. Alternatively, it is possible to get rent and legal protection insurance (which you can take off your bottom line) provided they pass certain referencing criteria.

Always easy to be wise with hindsight, but there are some things you can do now. The two months' rent rule is pain, but there is a discretionary ground to seek repossession based upon persistent failure to pay rent on time. Make sure you keep records of when rent was due, when paid, and demands made etc. Going to court is always a pain, and will further seriously make dents in your budget, but you should keep this option under review.

In practical terms, I personally would get onto the rent arrears and late payments as soon as possible and do not allow these people to mess you around. If you do, they will go on doing so. Agents are often really rather rubbish at being proactive. Obviously, you need to stay on the right side of the law, but you should make sure the agent has set up a direct debit/SO from the tenants (should have done this before letting them in) and as soon as there are any arrears, chase. Leave them in no doubt that paying the rent should be their number one priority, and that you are not subsidising their lifestyle. Do not hesitate to send a letter before action if you need to, and follow through.

In some cases, it may help to speak to them personally. Sometimes tenants really do have problems, and it is in everyone's interest to work together (for example, if they suddenly lose their job, relationship breakdown etc.)

Unfortunately, it sounds like you may have got a professionally bad tenant here, or just one that thinks it's your job to fund their own irresponsible lifestyle. It's not. Get yourself some decent advice (and don't necessarily rely on the agent). Join a professional body, like the RLA, they have a mine of information. And if you need to get your tenant out, think about instructing somebody who knows what they are doing like Landlord Action or at least read up on it and speak to other professional landlords.

Chances are, if you make it known at the outset, you will not tolerate arrears and are not a soft touch, your tenants will play ball.

But don't take it for granted. And make sure you/the agent carry out regular inspections and check for other breaches (like unlawful sub-lettings).

Most tenants are fine, some are really good. But the bad ones can be a real pain in the proverbial.

mrskim123 · 01/05/2016 12:32

I'm not surprised you're annoyed. Sounds like they know just what to do to remain in the legal position so that you can't kick them out - playing the system. Could Citizens Advice help?

twelly · 01/05/2016 12:47

The whole point about being a tennant is renting from someone else, the relationship is mutually beneficial therefore the tennant must carry out there side comments vilifying LL or showing the tennant a victim in this case are bizarre

OnceThereWasThisGirlWho · 01/05/2016 13:20

ThatPair They eventually got a council house and left us with a £10000 repair bill where they'd kicked every door in and wrecked the kitchen and bathroom. Worst thing? They were friends of ours.
Shock
I just do not understand people who treat their home like that.

handsoff I own a rental portfolio. Do you think I screw over the poor to enrich my own life?

Depends on cicumstances. What condition are the properties in? etc. Also, I was replying specifically to icy's comment about why people hate landlords. I know there are nightmare tenants stories too. Ah, a lovely symbiotic mutual hatred. Smile

So there are people on here who think it's ok to pay rent late! Wow!

Again, depends on circumstances.

clouds "No, it's good old fashioned politics of people screwing over the poor to enrich themselves"

I just don't get why folk think like that. It's just like any other buisness. Either very ignorant or sour gapes. It's really like some folk begrudge other folk have more than one house.

Because people don't need more than one house; to live in. Meanwhile, there are people without a house at all, or paying most of their wages to rent one. It's a basic principle of fairness.

paramedic Rent before food. If you become homeless, nothing else matters. You can eat really really cheap food like noodles or go to a food bank if you have no money for food

You need some money for cheap noodles. And soap and washing powder and stuff. It's all about the context though really, someone holding back say £20 of their rent, and paying it a few weeks later, due to circumstances, is quite different to witholding loads of rent whilst clearly frittering away the money to pay (as in the OP). Regarding OP's tenants, I am incined to agree with roar's evaluation of "freeloading wankers". Grin

Mandp76 · 01/05/2016 13:27

Why the hell should OP use her safety net???!!!! My house is rented. I look after it as if I've bought it. If anything gets damaged, I repair it. My home is clean, looked after and redecorated with the magnolia paint throughout as necessary as it was when I moved in, bit above all my rent is paid by direct debit every month to my landlord. In fact it's set up to go 3 days early in case it ever due in a weekend or the bank messes up. It gives me a.few days clearance. I would never dream of putting my landlord in a position where he'd have to cover my rent even for half a month.
If it was a bank loan you'd get charged for not making your repayments. It doesn't matter what scale your capacity of a landlord is either, 1 house or 20 houses, you put your trust into your Tennant to pay rent and look after your property. You need them out. Why should you or your kids suffer for disrespectful tenants.

Everylittlething87 · 01/05/2016 13:28

That link posted is full of people just like cruik and the rest of the pompous ones. Most of them clearly haven't even read why the OP had to let out her house so how can they comment? Also commenting on people's literacy, that's the lowest form of dig at someone when you have nothing else to contribute. Who cares about grammar on mumsnet?! Really?! I can imagine it was someone on here or their partners who shared this. If it was I can also imagine it was to soothe yourselves and get some sort of pat on the back for your opinion. I would love to know how they think it's okay for the tenant to pay late as long as you (the landlord) has savings and back up? Would it be plate their own to do that as they have savings? Ah don't worry that you haven't paid your rent I don't care because I have savings!

MarthaCliffYouCunt · 01/05/2016 13:36

Not getting into the rest of the comments . Same stuff thats already been said.

But WTAF at whoever compared letting agents to solicitors? Shock must be all those years they spend at letting agent school and getting qualified... Oh wait.

Snoringlittlemonkey · 01/05/2016 13:41

To those saying that the OP shouldn't have become a landlord if they couldn't handle a short fall in payments, maybe people shouldn't rent or take out mortgages that they cannot afford! It works both ways. Cut your cloth according to your coat. It's not upto others to subsidise someone living beyond their means.

Taking services or credit without intention of payment is fraud. End of.

Buckinbronco · 01/05/2016 13:43

Oh for goodness sake snoring you have no idea whether people have the intention of paying or not. they ARE paying, just late. So wind your neck in

pennwood · 01/05/2016 13:48

I would suggest you get some legal advice as everything is loaded in the tenants favour even when getting to court. If you keep chasing for payment they can say it is harassment which the court frown upon, & even when eight weeks behind with the rent the court usually give them several weeks to leave the property (while still not paying for those weeks either!) Did you have a break clause in the contract? Court is a costly process. Your managing agent should be dealing with all of this more effectively so they should be your first port of call, as they are not 'managing!' Are you sure the managing agents are sending you the full rent paid as there has been cases of fraud by agents too.