Tenants refusing to pay rent

[FedUpp]

I have a couple living in a flat I rent out and they have been there for 18 months. The rent charged is below market value and had never been increased. Every time they have needed a plumber etc they have been there straight away.

The property is managed through a leggings agency and he tenants are leaving in May. They are now two months in arrears and keep making up reasons why they can't pay their rent but I believe it's because they know they cannot be evicted before the end of their fixed term and really they are playing the system and have no intent on paying anything.

All contact is through the property manager but I found the tenants in Instagram and ironically they are both "flash" with fancy cars and she is posing with designer handbags full of shoes last week.

WIBU to send her a direct message on Instagram asking her to call me to discuss the situation? I want to do it this way rather than a different way because then she will know I have seen evidence of her high spending and lifestyle whilst not paying her bills. All I intend to say is to introduce myself and ask her to get back to me to discuss their rental arrears.

You can serve a Section 8 and a Section 21 at the same time. You can also take them to court to claim unpaid rent. You could also look at the possibility of using a High Court Enforcement Officer rather than standard bailiff - more expensive but you will recover your rent. Good luck!

Recently we took non payers to court. They refused to pay and refused to leave. We did it by the book (section 21, accelerated procedure) and it still took 6 months to get them out. Also still not seen a penny or arrears. You often have to wait a long time, depending on how quick the courts are. Anticipate worse case scenario and act fast, in accordance with your letting's legal department.

Do not contact them, they can do you for harassment. You will have to wait for the deposit after they have left; it took 3 months to get theirs and that was with loads of evidence of trashing the property and non payment. It's frustrating, the system strongly favours the non paying tenant.

I've always wondered about the legalities of moving yourself in to a property you own if tenants do this kind of thing. With friends. And big dogs. Maybe a very substantial box set too.

If I thought you could get away with it I would be tempted to suggest visiting them at their employer with a megaphone so all of their work colleagues knew about their behaviour.

So the alternative of bailiffs via the appropriate process seems the best one if there are things of value you could get.

Surely this is what you are paying the agency for

Write to them asking for the arrears to be paid and making it clear that you will be applying for a CCJ against them within a few weeks, (ie while they still need a clean credit history for a new flat), and would then proceed to bailiffs at their new home and/or attachment of earnings. You can apply via courts online, no need for a solicitor so long as you have good records, tenancy agreements etc, and have given them reasonable notice. Make it clear to them that the debt won't end with the end of the tenancy.
Oh, and make it clear to your lettings agency that unless they get the rent paid by the end of the tenancy you won't be using them again, and will let your landlord friends know why.

I'd do what Idrinkandiknowstuff atleast get a ccj on their file.
I wouldn't contact them, don't let on incase they trash the place.

WIBU to send her a direct message on Instagram asking her to call me to discuss the situation? I want to do it this way rather than a different way because then she will know I have seen evidence of her high spending and lifestyle whilst not paying her bills. All I intend to say is to introduce myself and ask her to get back to me to discuss their rental arrears

No, don't do this. Start proceedings for eviction.

If they have already decided to break a legal contract & not pay for their accommodation, then no amount of being nice to them is going to make a difference. THey're nasty little shyster criminals. Just set your solicitors on them, via your Landlord's insurance.

Don't waste your time sending letters threatening this and that unless they are from your agency or solicitor. It needs specific wording or it's worthless. Moreover, if it goes to court and you'v not followed process/issued the correct section, the judge will throw it out and you're back to square one. This costs months.

I've always wondered about the legalities of moving yourself in to a property you own if tenants do this kind of thing. With friends. And big dogs. Maybe a very substantial box set too

Well that's trespass and obviously completely illegal, plus counter productive as you'd get arrested, removed and probably taken to court which would make
YOur attempt to evict them legally look very shady indeed.

When I claimed the deposit back from my former tenant, I had to provide proof that they had not paid the rent which I was able to do with bank statements. They were then asked to provide proof they had paid it - I think initially they lied and said they had paid - but were obviously unable to prove it.

As I mentioned, it went to a tribunal because the former tenant disputed/failed to respond throughout the process which dragged it out. They also tried to use photographic evidence that they'd left the flat clean, same condition etc which was irrelevant because the whole basis of my claim against them was that they hadn't paid the rent. The tribunal report essentially said (paraphrasing) 'tenant did not pay rent, deposit awarded to landlord, everything else irrelevant'.

The deposit did not cover the rent they hadn't paid but by that time I was utterly sick of the whole thing and it had cost me ££££ to put the flat back into rentable condition so I didn't pursue the additional costs. FYI, getting the deposit back took five months from start to finish.