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

[JennylovesRosie]

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.

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.

[JennylovesRosie]

That's fine Martha.

[MarthaCliffYouCunt]

Not sure whats fine.

Anyway, so how much do they owe as of today?

[VinceNoirLovesHowardMoon]

Nope, you can't get them out
Why don't you sell the house and invest your money elsewhere? It doesn't sound like you can afford the risks of being in the landlord business and you don't seem to know much about tenancy law

[LaurieFairyCake]

Get rid of them anyway. Get someone else in. They're playing you cos they're arseholes and they're never going to stop being arseholes

[JennylovesRosie]

Thanks BoffinMum
Nope Lettings agent say no .

[VinceNoirLovesHowardMoon]

You can't serve notice for them being late
Well you can, but you can't evict them, so no point really

[JennylovesRosie]

Vince
That's why I pay someone (Lettings agent) to handle it for me.
I don't know anything about cars either so I pay someone to service it.

[MarthaCliffYouCunt]

There is a MNer called specialsubject who is pretty clued up on this stuff and might be able to advise. Might be worth reposting in legal or property and doing a shoutout.

[DameDiazepamTheDramaQueen]

I'd be pissed off too OP

[MarthaCliffYouCunt]

Bad analogy. Its naive at best (and lazy) to just leave this all to the lettings agent, they are notoriously out for their own gain and dont actually care that your child will not have a birthday party. When it comes to your own property and income and something that can cause you so much financial damage its very silly not to actually know the business like the back of your hand.

[80sMum]

YANBU. They are effectively stealing from you, OP. They are in arrears with the rent, which means any money they are spending on other stuff, up to the amount of the arrears, is actually yours.

[SDTGisAnEvilWolefGenius]

Why is it OK to use a service (in this case, a house) and not pay for it or pay late, or cause damage?

It boggles my mind that people think it is OK to live somewhere free (or to pay late/only when forced) and to damage someone else's property. And it boggles my mind almost as much that some people think that the landlord should just suck it up, and that there's nothing wrong with failing to pay your rent or paying late.

[Laura812]

It sounds like this seems to work in law - that you can pay some on time so are never 2 months in arrears which means you cannot be turfed out. What a cheek! However it will mean you won't renew their tenancy at the end of the period so at least you will see the back of these wasters then. Nor would it be worth suing them for the delay if they always then pay a couple of weeks late.

I think it is only when they are 2 months behind you can apply to court to turf them out which also means they probably would not pay a penny for the 2 months after that it takes to get them out so not great.

The Channel 5 can't pay or we'll take it away or whatever programme about bailiffs is worth watching. It gives a lot of insight into both good and bad tenants and how high arrears are. We never had a problem when letting out two flats ever so were very lucky but the arrears issue certainly puts me off ever letting again. Presumably you have their deposit so at least you know a month or more is covered if they fail to pay entirely. Have you tried writing to them a short letter saying unless they pay on time you will not renew the tenancy at end of term and explaining that you have to pay the mortgage and pay for your chidlren and you do not have 50 flats and £1m in the bank and cannot cope if they pay late.

[MarthaCliffYouCunt]

I can see nowhere that anyone has said theres nothing wrong with failing to pay your rent or paying late.

[cruikshank]

Ok then, as you are clearly a professional competent landlord I suppose you have actually done something about the situation other than post on mumsnet about their instagram pictures?

If not, then this is what you should do:

1. Contact your tenants immediately that the rent is late. The day after payment is when you should be doing this. Don't go there in person - just a message left on their phone to say that payment hasn't gone in and is there a problem. Ring again a couple of days later to do the same. Don't tell them about your kids' birthday parties btw. If they answer, talk to them. Ask them when they can pay. Express concern. Be polite. But you have to at the very least find out what the fuck is going on. They'll probably try and fob you off, but you have to talk to them. They might well have temporary cash flow problems - it happens. Or they might have just decided not to prioritise paying the rent - in which case a phone call or two, done in a non-hassling way will nudge them in the right direction. If they don't hear from you, they won't be nudged in that way. This might be all it takes, over a couple of months. If they say they're going to pay in installments, then you need to make it clear that this is a one-off allowance you are making for them and that the circumstances are exceptional.
   

1. If no joy from the phone calls, send them a reminder notice. This has no legal clout as such but they're breaching their tenancy agreement by not paying the rent on time, so something with wording to that effect will not only let them know that this isn't the same as waiting for a red letter from the electricity company and that they are now in breach.
   

1. Rinse and repeat. After another couple of weeks, another reminder notice. If you're being nice, you could phone in between and say that it's just a matter of formality and you're keeping your paperwork up to date. But do send it. Because this will help with:
   

1. Section 8 notice. It's your only chance of evicting without 2 months missed in total and during a fixed term tenancy (which theirs is). You need to go for it on grounds of habitual late payment of rent, which is why the notices and phone calls need to happen and be documented. The ground is discretionary and can be very tricky to argue, and you stand no chance at all if all you've done for months is cancel birthday parties and not talk to your tenants about it. It does exist though, and is your only option at this point.

[BowiesJumper]

I don't know why you're getting such a hard time. To answer your question- no yanbu to be pissed off!

[MarthaCliffYouCunt]

Have you tried writing to them a short letter saying unless they pay on time you will not renew the tenancy at end of term and explaining that you have to pay the mortgage and pay for your chidlren and you do not have 50 flats and £1m in the bank and cannot cope if they pay late

Do NOT do this!

[Cloudstasteofmash]

op I understand how you feel.

Excuses I've had for not paying in full/late/not at all.

"I needed to buy my kids Xmas presents" - not rent at all thst month.

"I needed to buy a new tv"

"I'm in tenerife"

"I bought a be carpet and shower and deducted it from the rent"

I've also had a tenant spend her back dated HB of eight weeks on a week in Blackpool in a caravan with her ex BF to sort out their relationship - after he beat her up.

If your a landlord on MN your expected to let people live in your house for free and not make fuss if they tear your house up or piss about with the rent.

Finding a good tenant is very very hard.

[Toffeecrispy]

3 months of no rent is a piss take seems they are buying into the whole let me look rich on insta shit. So many go broke trying to look rich.
I would boot them out

[JennylovesRosie]

Sdt and others, thanks
TBH with you, I'm not even bothering to read some of the posts on this thread as it's pretty predictable what will be said.

It'll be ok in the end, because eventually I will get them out
And make sure all the local agencies have their details.

[cruikshank]

And it boggles my mind almost as much that some people think that the landlord should just suck it up, and that there's nothing wrong with failing to pay your rent or paying late.

Yes, that is a rather bizarre attitude. And not one that a single person on this thread has expressed, but there you go.

OP, for the long term, at least get yourself some kind of 'Landlording For Dummies' book or whatever, and read up about the legal rights and obligations that you are signed up to and that the people you are contractually tied to are signed up to. This is not the same at all as putting your car in for a service. You have signed an agreement, as have they, and if you don't have the first idea about what that means then I suggest you start to find out, sharpish.

Or, as I said, sell up. That's another good long term plan for someone whose chief landlording skill seems to be 'looking at pictures on Instagram' and 'posting on mumsnet'.

[RubbishMantra]

I think if you've signed a 12 month contract with them, then you're stuck with them until next January. Even if they don't pay another penny.

I've not used a Lettings Agency, but surely it's their responsibility to ensure your tenants pay their rent? And isn't it up to the letting agent to pay the rent if the tenants don't? I always thought if you used a letting agent, they're responsible for damages/unpaid rent. Otherwise what are you paying them for?

I had similar problems renting my property privately, the rent got paid later and later each month, and they left the place in a right state when they moved out. It seems from your post you have no more protection using a rental agency than doing it privately.

Make an appointment with the CAB, and bring a copy of the contract between you and the rental agency.

Infuriating, isn't it?

[Cloudstasteofmash]

cruik maybe you need a break from this thread as you seem really worked up?