My tenant is not paying me rent AIBU?

[Euly]

The background to this scenario is that I have a rental property who I, against my better judgement, rented to the mother of a work colleague. She has lived part time in the house for the last 12 months and during that time has only paid me two months full rent (and both of those payments were late). She has had a tough year, with several close bereavements, however I have tried to be as supportive as I could, not chasing her and helping her apply for UC. I am now receiving part of the rent directly from UC. Her initial 12 months tenancy is up, she wants to stay, I want her to go. How do I tell her this nicely bearing in mind I work with her daughter and am I being unreasonable? I can’t see that she will ever be able to pay the rent (works part time in a low paid job) and furthermore still lives some of the time with her ex partner and daughter in his house. I am having a moral dilemma!

Give her proper notice, not a chat, but in writing. She's been defaulting on her rent and in arrears. Nothing is going to change and her tenancy is up, why would you even think of renewing it?

She can rent a room with a live in landlord cheaply jf she's having financial problems.

Her daughter (your work colleague) cannot criticise you- you've been charitable enough!!

Do it legally. If you have a tenancy agreement (even if you don’t!), you need to follow the legal procedure.

You're not running a charity. She's taking the piss and she needs to get out.

For people who are assuming this, the tenancy doesn't end at the end of the fixed term.

She hasn’t paid, so she needs to move.

I am having a moral dilemma!

If that's your idea of a moral dilemma, then, I'm not sure you're cut out to be a landlord. Don't mean that in a bitchy way.

Get her tae fuck.

Your colleague (if she knew) wasn't bothered that her mother was taking the piss and stealing from you effectively so I wouldn't give a fuck about her feeling by throwing her mother out

Of course she wants to stay - you are funding her life. Who else will she find that to pay her rent for her?

OP don’t let her take advantage of you anymore. Give her the notice as soon as you can. Charity begins as home and it’s shocking so far.

Had she missed a couple of months but was paying it back in instalments then fair enough, but she’s taking the absolute piss.

This is one of the reasons they say don’t mix business with pleased cos when it goes wrong it’s tricky. You’ve got nothing to feel ashamed about but she sure has.

Don’t renew her contract OP.

You’re selling up 😉

This isn't a moral dilemma.

I would keep everything short and factual. "I need to end the tenancy. Here's your months notice. The flat needs to be left in X condition. Any questions you are welcome to give me a ring."

No apologies. No gnashing and wailing and hand wringing. No explanations, only if needs must. Certainly no white lies. If she presses you for a reason, "you are £XXXX behind on rent and I cannot afford to subsidise you any longer."

YANBU!
Give her written notice. If she queries it it asks why, say you can’t afford to forgo the rent on it. She’ll know what you mean.

Put everything in writing, OP. Be specific about dates. Be firm. Do not explain yourself.

You’re doing her an expensive favour and she knows it, she’s taken advantage of your good nature 😔 time for her to leave

Sounds more like she’s using your address for a fraudulent benefit claim if she spends half the time living with her DP,
12 months for 2 months rent, can I move in?

I have no idea about the process or correct terminology - is it eviction if you simply choose not to continue at the end of the 12 month tenancy?

Whatever the process is, this is your opportunity to get her out now relatively painlessly.

That's not at all how it works

The tenancy will go automatically to a rolling tenancy unless the OP issues notice

Unless the tenant leaves on receiving the notice then evicting her could be lengthy and expensive

@Euly Make sure you issue all the notices accurately. Someone who takes the piss may very well take the mickey in the eviction process as well

Take action to evict her asap

You're not unreasonable, it isn't as if she has nowhere to go.

And next time don't take tenants 'against your better judgement.' Or take your private business into your workplace.

Blimey! Will you be MY j
Landlady?

Kidding obviously. But yes, she's taking the proverbial.

With the greatest respect to the poster Elieza, don't send the proposed email.

Or if you do, delete all reference to your need for rent to pay your mortgage and you can't afford to let your flat be repossessed etc as this is your personal business and if you disclose it to this entitled tenant, and her dd, they'll accuse you of exploiting her to pay the mortgage on your flat or some such nonsense which will have you as the villain of the piece.

Simply give her notice without any explanation of your finances and, if you're still feeling kindly towards her, say you'll consider re-letting to her at some future date if the arrears are paid.

You could let her know that if you have to take legal action to regain your property (i.e evict her) you will claim the arrears which she will have to pay into the court either as a lump sum or monthly payments if the court agrees to a payment arrangement.

Her tenancy has expired. She has no right to be in your property. Give her a week to leave.

Get legal advice OP. Do it all 100% fairly and legally.

Her tenancy has expired. She has no right to be in your property. Give her a week to leave.

This is not true at all

The OP must go through the proper procedures to bring the tenancy to an end

The end date on a tenancy agreement is when a tenancy can be ended, it is not when it does end

@Euly has to serve the tenant with two months notice with a S21 to end the Rolling tenancy that is automatically entered when a fixed tenancy ends without a valid S21, or tenant giving notice, occurs

S8 could be used because of the rent arrears, however it’s the longest way of doing things and if the rent is suddenly paid it’s a pain

Of course the OP should act within the law, but in the absence of any mention of an agent or properly drawn up tenancy agreement, it seems that she may have a somewhat informal arrangement with the tenant which may not be signed and sealed.

In any event, my advice to give the tenant a week to vacate stands as an alternative to going through the courts which will lead to the tenant being required to pay any arrears of rent outstanding.

The tenant appears to have only herself to consider and at least one other place she can move to, albeit for the short-term.

Under the circumstances, I see no harm in giving the tenant a clear choice: move out in a timely manner and the arrears will be written off or stay and take their chances in court where fees will be added to the sums already owed.

If I only paid 2 months out of 12, I'd owe more than 11k! Can you afford to give all this money away?

Of course the OP should act within the law, but in the absence of any mention of an agent or properly drawn up tenancy agreement, it seems that she may have a somewhat informal arrangement with the tenant which may not be signed and sealed.

You don’t need a written tenancy agreement. As soon as the agreement was made and a first payment was made the tenant and landlord have a tenancy agreement and statutory rights apply

Chances are the tenant knows that, especially with the first two payments being made. The situation is screaming out that it’s either a contrived address for benefits reasons (with the staying with the so called ex regularly) or a social housing eviction bid