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.

[AcrossthePond55]

Just out of curiosity, is it legal in the UK to tack on a late payment fee?

When I was a renter (US) if you didn't pay in full by the third they assessed a penalty. If you became habitually late the penalty increased.

[BoffinMum]

I think lettings agents sometimes have this, but it's not very large.
There could be much stricter rules about non-payers, I think. They spoil things for everyone just as much as landlords who don't play fair. I think if you are late more than once during a tenancy, and there is no good reason (e.g. verifiable bank IT failure, employer not paying you, that kind of thing) then it should be possible to start a special set of proceedings that cut the tenancy short, given the business agreement has been broken. I can't think of another situation where you can arrange for a service and then just be disinclined to pay and there aren't really any consequences.

[mathanxiety]

YANBU to be fuming. This is the second tenant in a row to illustrate why life would be so nice if it wasn't for other people. YAB a bit U to be in the landlord business, renting to those other people, without expecting to pay close attention to the details.

'I'm not even bothering to read some of the posts on this thread as it's pretty predictable what will be said.' Don't cut off your nose to spite your face. Y would BVU indeed to ignore the sound advice from posters here who have given it. This is your money, your property, your business, and apparently it contributes an important element of your monthly income.

[sallialli]

You should be able to charge interest on the late payments which will be taken from their deposit at the end. Check with the agent and make sure they let them know.

[mathanxiety]

Sallialli, if that wasn't included in the terms of the contract both the LL and tenant are bound by, then she can't move that particular goalpost.

[Czerny88]

Why haven't the tenants had to set up a standing order? Is that not the standard way of paying rent?

[cruikshank]

I can't think of another situation where you can arrange for a service and then just be disinclined to pay and there aren't really any consequences.

It's not just a service though, is it? It's being a party to a contract that creates a legal interest in land/property for the tenant, and as such it is subject to different rules, which is fair enough, I think - it would be a societal nightmare with all kinds of unwelcome consequences if every late-paying tenant was made homeless just as it would be a societal nightmare if every bank and building society foreclosed on mortgages because of a gap of a few days in payment.

[Adnerb95]

OP letting off very understandable frustration and being taken to task by some very patronising posters who have missed her point entirely. Been there, OP - very annoying! Sadly not up to date with current legislation on getting them out so can't help there - speak to the agents, they should know.

[Katedotness1963]

You are nbu! Even when I had an utter bitch for a landlady, who left me for 6 weeks, over Christmas, with a broken cooker, didn't do the safety checks on the gas appliances, and left her debt on the gas and electric meters so I as paying it off when I topped up the key/card I still made sure the rent was paid on time. I moved as soon as the lease was up, and the bitch kept the deposit for no good reason... I'm amazed you can't put them out if they're not paying! A decent landlord is worth their weight in gold!

[JennylovesRosie]

Thank you all
We rented the house as it didn't sell- and we needed to move away from the area for work. We fell into this really. It's on with a Lettings agency- they passed all credit checks. LA guy who deals with it hasn't really done much- and has been slack in his dealings with the tenants.

I hardly think I'm some kind of hotshot property manager - I pay an agency to manage the legal and admin side of things . I have ensured the property is very well maintained, safe, legal and I have attended to my responsibilities as the owner and landlord.

I'll ignore all the snipey comments - much information has been helpful and I feel a bit more positive now

When I've got them out I'll put it on the market. Less stress and it's more likely to sell now given there's so few properties in the price bracket available in the area.

I'll go back to eating my cake now. Cake has helped.

[EssentialHummus]

Sympathies OP - I'm going through an eviction with an absolute scrote of a tenant at the moment and it's all I can do to stop myself letting myself in and throwing all his shit out on the street, law or no law.

Try to use this as a learning experience. Get going on the late rent notices, so you can pursue the S.8 route. In future, offer 6 month contracts, not a year. Don't rely on the agency to screen tenants - ask for bank statements, check references etc - it's 30 minutes of work that can save you a packet. Read up on LL law if you're not sure what your rights or obligations are.

To whoever asked whether lettings agencies will stand behind tenants on rent - some offer a "rent guarantee" / LL can take out RG insurance, but it's not a given. It'll be lower than the market rent, for the obvious reason.

[JennylovesRosie]

Kate that is horrific. At least you are out now.

[MarthaCliffYouCunt]

Predictable as always. I think MN should create a template OP for all these poor accidental clueless LLs to save time. Its always the same story anyway.

[SDTGisAnEvilWolefGenius]

"...it would be a societal nightmare with all kinds of unwelcome consequences if every late-paying tenant was made homeless..."

I agree - but there has to be some protection for landlords too, surely, cruickshank?

I watch the Slum Landlords... programme - and get equally cross on behalf of the landlords whose properties are being trashed, and who are owed thousands as I do for the tenants who end up with shitty landlords, living in bad housing. Neither the decent landlords nor the decent tenants deserve such bad treatment.

[BitterAndOnlySlightlyTwisted]

Bollocks to your tenants!

Serve them with a Section 21 Notice now to bring an end to their tenancy in the expiry of their AST in January. That might put the wind up them and encourage them to cough up.

I'd be interested to know what their previous landlord would have to say about them.

This agent sounds bloody useless if they're saying there's nothing you can do for another eight months. That's simply not true. However, one needs no special experience, qualifications or accreditation to set up as a letting-agent. That's why the industry is full of arseholes who know nothing about LL & T legislation and mis-advise their clients.

[EssentialHummus]

Serve them with a Section 21 Notice now to bring an end to their tenancy in the expiry of their AST in January. That might put the wind up them and encourage them to cough up.

I'd worry that it'd make them stop paying altogether, tbh. Though you could use S.8 on non-discretionary grounds then, I guess.

[cruikshank]

There is plenty of protection for landlords - they have legal recompense and they can evict, they can charge as much as they like in rent (and have the state foot the bill to the tune of £9 billion a year in Housing Benefit), they can set a deposit amount and deduct from it for damages, they can sue for further damages if necessary. I'm not sure what further protection landlords need other than that people shouldn't breach the contract they've entered into, which is true of every contractual matter.

MarthaCliff. You missed out the 'I'm a lovely landlord' 'my tenant is a single mum' and of course 'I charge below market rent' bits though.

[Fingeronthebutton]

Your being too nice. These people are scum and you have to fight fire with fire.
We are not landlords anymore, but one flat we had they were hot bedding it. We went to the flat and in no uncertain terms told them to go. They weren't happy but they knew what would happen if they didn't.
We had the same again with another flat. Changed the locks while they were out and waited for them to come home. Job done.

[holidaysarenice]

Sympathies op.

Did you know in this region you can evict during a contract if:

You or a member of your family needs the house to live in.
A memebr of the clergy needs it.

And a few other random things.

Always be an honest good landlord, until someone starts fucking about with you because they feel like it. Then play hard ball.

This has included when faced with a similar situation I named and shamed on facebook, in a small village with minimal rental opportunities. Did I then give a shit when they didn't have an 'in catchment' address for the oversubscribed school because no one else would take them on? No - I considered it karma for the hell they put us through.

Conversely when tenants could no longer afford my house through job losses etc I have helped source a smaller home, and made sure they could deal with the landlord when they would have face 'agent computer says no' type situation.

Good tenants, good landlords is a two way relationship. I will happily help my tenants out but the first dickish entitled shit from them and I have no qualms about hard ball tactics.

[GarlicShake]

Oh, dear, I'm not in the mood to read a load of sniping! (I know, then why click on an AIBU thread?!)

When Jenny says the tenants know exactly what they're doing, I think she means they're systematically building their arrears so they won't be 2 months behind until three months before their contract's up. Then she'll have to evict them and they will effectively have paid 75% of the agreed rent.

Yes, it is galling.

I should say I've been evicted twice and it's horrible. I very much resent the landlords who did it; they were unfair. But there are unfair tenants, too!

[MarthaCliffYouCunt]

Of course cruik. Perhaps we should draft a template. MN is brimming with material to work from.

[holidaysarenice]

Also tell me you are adding on late charges for all these missed payments.

A court were no doubt this will end will enforce these as well.

[MarthaCliffYouCunt]

We went to the flat and in no uncertain terms told them to go. They weren't happy but they knew what would happen if they didn't.
We had the same again with another flat. Changed the locks while they were out and waited for them to come home. Job done

Also known as illegal eviction.

[GarlicShake]

when faced with a similar situation I named and shamed on facebook

Hahaha! Going by your overall attitude to your responsibilities, it sounds like this lot deserved it.

[Handsoffmysweets]

Haven't had a chance to read fully so apologies if someone has answered this but is there something in your contract that stipulates that the rent must always be paid within 14 days of the date that it's due? I always write that into my tenants contract to avoid this sort of BS. If the agent has put something like that in then they are in clear breach of the contract. I wish you the best of luck OP x