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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

My tenant is not paying me rent AIBU?

122 replies

Euly · 03/02/2020 22:56

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!

OP posts:
Monty27 · 04/02/2020 02:02

I think you're being had OP. What a let down. It could possibly be a hard lesson to learn.
Keep certain areas of your life professional only.
Hope get your money back without drama. Not nice for you Sad

TheSerenDipitY · 04/02/2020 03:29

get her out... or you will be like my mum, rent a house to a family member who decides not to pay rent and doesn't pay for a whole year, until i found out :) he moved, fucken fast :)

FeckTheMagicDragon · 04/02/2020 03:39

We rented our house to try and cover some of the mortgage while we worked away to get some cash. First 6 months always a month late, then nothing for a few months. I queried it and got a in depth tale of woe. Then I found out that on top of her day job she was a ‘travel inspirer’ on Instagram. All the time I was worrying about money she was in the Bahamas, New Zealand, Mauritius. All holidays of a life time I could never dream off.

Nope. Never again. We got her out and sold the house. Will buy another when we’re back.

OldMumYoungNan · 04/02/2020 04:03

I am shocked.

Are you able to get her to repay you once you manage to get her out? Can you take her to court to recoup this money?

SterlingViolet · 04/02/2020 08:03

@Euly ～
You really shouldn't worry, she is most likely expecting it.
Don't be a mug.
They (mother and daughter) obviously don't give a rats arse about you --
so just keep all that in mind as you take care of necessary business.
👊👊👊
And, come back and let us know how it went! 🍀

PineappleDanish · 04/02/2020 08:07

She's not paying rent = she goes. You are not a charity, the fact you work with her daughter does not mean she's not a chancer or a cheeky fucker.

Ditch her!

ShatnersWig · 04/02/2020 08:09

Moral dilemma? No, you've just been a bloody mug. Must be wonderful to be well off enough not to worry about losing all that money. You're not a charity, this is supposed to be an investment or business. Heart doesn't come in to it.

SinkGirl · 04/02/2020 08:15

I’ve been through some very tough times in my life but I can’t imagine having the nerve to tell a landlord I want to stay in their property when I haven’t paid rent!

LIZS · 04/02/2020 08:16

You need to put it in writing. If she wants to apply for social housing she would need evidence of you asking her to leave with dates. When is the tenancy up, issuing it a month beforehand would be normal. Agree you need to minimise the "sorry"s and pare down your explanation. It is more than enough to say that the accruing arrears are putting you in financial difficulty and regrettably the situation is not sustainable. Be prepared for pleas for time to make amends and drag it out.

leckford · 04/02/2020 08:17

Do you have a proper rental agreement? You are going to have to write off the non paid rent. You will probably have to go through a lawyer.

When you get her out and have cleaned up go through a reputable agent for future tenants, all this ‘kindness’ is just the road to problems and worry for you

Brazi103 · 04/02/2020 08:19

Sounds like her daughter saw you coming and sent her mother in your way. Why on earth have you allowed this?? And now you feel bad? Mind boggling. Arent you upset they have made you a mug?

Toomboom · 04/02/2020 08:27

You need to issue a section 21, this is a no fault eviction. You can also issue a section 8 for rent arrears. Section 21 gives her 2 months notice to move out. This is what is required by law.
Did you protect her deposit? Have you had a gas safety check done within the last year? If none of these have been done they need to be before you issue her an eviction notice.

For others saying just give notice of a week or so to get her out, this isn't how renting works. All notice has to be within the law, and it isn't as simple as saying no rent, out you go.

CoraPirbright · 04/02/2020 08:30

Colossal cheeky fuckery! Everyone has bad years - it DOES NOT give her the right to live on a stranger’s dime! Put it this way - do you think that Sainsbury’s would be ok with her wandering in, picking up a trolley full of food and trying to leave with it, claiming that She didn’t have to pay as she was ‘having a bad time’? I don't think so.

Stop being take for a mug OP!!

WeHaveSnowdrops · 04/02/2020 08:32

Out, out out.

And small claims court for the back rent. Cheeky mare.

BonnesVacances · 04/02/2020 08:34

Just remind her in writing that her tenancy is coming to an end as 12 months is up and that she needs to move out by [date]. If she says she wants to stay or renew the tenancy, say that won't be possible as you have found a tenant who can reliably pay the rent over the next 12 months. She's taken the piss. Don't let her carry on doing so.

Original poster
Euly · 04/02/2020 08:35

Hi everyone, reading your messages has made me see, yes, what an absolute idiot I have been. In answer to some of your questions, yes, I do have a proper tenancy agreement with her and annual gas safety checks. I am meeting her Thursday lunchtime and I am going to give her notice in writing in accordance with the tenancy agreement. There will no doubt be tears and more sob stories but I am going to be firm and just say the reason I am doing this is because you are £xxx in arrears and I can’t afford to subsidise you any more. Thank you for all your comments, they have really helped.

OP posts:
StoneofDestiny · 04/02/2020 08:38

Do not use the word 'sorry' in your communication or they will exploit this and blame you and given how things have panned out, send you in a guilt trip.

You are being used in the most appalling way. Nobody lives rent free and they know it.

CuriousaboutSamphire · 04/02/2020 08:38

Take a deep breath. Decide you are the one who is being victimised and that anything your tenant or her daughter may say is only further designed to hurt you... they are NOT the ones being hurt here! They did this deliberatley! Keep that at the front of your mind!

Ignore all the helpful mis advice such as When is the tenancy up, issuing it a month beforehand would be normal. a landlord has to give 2 months notice...

  • Check you did all the paperwork correctly at the beginning of the tenancy. Even without an AST you have to have done all the safety checks etc and correct paperwork.
  • S21 to start eviction proceedings
  • decide whether you want to chase the money, look at issuing S8
  • be prepared for this to go to eviction court, bailiffs etc

Hop onto the forums at LandlordZone and let the curmudgeonly posters there give you some more expert and accurate advice! Be prepared to be called a total twonk and to be referred to landlord training....

JiltedJohnsJulie · 04/02/2020 08:39

That's great Euly. I hope she has the decency to go but you know she will probably hang on till the bitter end don't you? Thanks

There is some good advice on the government website on which action to take.

I'm not sure about other areas but the city I work in is running at evictions taking place about a month after they are applied for.

StoneofDestiny · 04/02/2020 08:39

Sorry OP, cross posted with your update.
Keep strong. You are doing nothing wrong.

dognamedspot · 04/02/2020 08:40

Did you take out landlords insurance? If you did you should be contacting them about the missing rent (you might be too late to claim all of it) and probably handing eviction proceedings over the them.

TriangleBingoBongo · 04/02/2020 08:40

Just be honest, you can’t afford to keep sustain this woman and she can’t afford it so you’re going to relieve her of the burden!

CuriousaboutSamphire · 04/02/2020 08:40

X Posted. Sounds like you have it under as much control as it can be!

Best of luck!

MyOwnSummer · 04/02/2020 08:47

Hi OP, landlord here... sounds like you have made the right decision, having seen your update.

I should add - written notice as per the contract is good, but you ALSO need to hand her an official S21 notice. If you give her a normal letter and she ignores it, the first legal step will be S21, then court after that if she ignores the S21.

I have a feeling this woman will expect you, based on past behaviour, to continue being a complete pushover. At a minimum, she will most likely ignore the written notice unless backed by the legally required document.

Good luck OP, PM me if you want more info about the process.

Original poster
Euly · 04/02/2020 08:51

Thank you

OP posts: