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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:
CakeandCustard28 · 04/02/2020 08:59

Stay strong OP. Once she’s out, go to a small claims court to get the rent back. She might be the mum of a colleague but she’s taken the mick out of you and don’t apologise to her, or she’ll lay the sob stories on.

CoraPirbright · 04/02/2020 09:16

...the reason I am doing this is because you are £xxx in arrears and I can’t afford to subsidise you any more

Well done OP - that is absolutely the perfect thing to say. Straight forward, clear and utterly true! She should be bloody ashamed of herself (and her daughter/your colleague too, for putting you in this situation) but somehow I doubt it. Best of luck for when you meet her - stay strong!!

JiltedJohnsJulie · 04/02/2020 10:20

Stay strong OP. Once she’s out, go to a small claims court to get the rent back.

Can't you ask for a monetary judgement as part of the possession order.

The main difficulty will be enforcing it. The OP probably won't know where she is living, and if she's on UC will have little or no means of paying if she could find her.

She might be better going straight for an accelerated possession order, if she is able, and cutting her losses.

lyralalala · 04/02/2020 11:41

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

This, this and more this

You need to do this properly or you’ll just take longer

If she is playing you and knows how it works then she’ll wait until the last minute to flag up that you need to give proper notice.

You need to get decent advice, or at least do some good reading, and make sure you keep yourself right and stay a step ahead. If you don’t then a potentially long process could be made even longer

crosspelican · 04/02/2020 11:49

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

Agreed - she is already a CF of the highest order. If she has no qualms about not paying about 10k in rent, why would she hesitate to just ignore you and stay in the property? Does her daughter know any of this and find herself able to make eye contact with you at work?

Get everything locked down legally (you can do it all online v easily) and give her the notice in writing with the S21. It's not a bitch move - we rented for a year when we were in London for work, and when we told the landlord we weren't renewing, we got confirmation in writing along with the S21 (I think it was an S21 anyway) automatically from their office. It's not aggressive, just correct process.

Toddlerteaplease · 04/02/2020 12:07

She's not a relative, she's not your problem. She's not paying rent then she moves out. End of.

HaudMaDug · 04/02/2020 12:56

You are not a charity.
She is not our responsibility, you house is.
None of this is her daughters business. The tenancy aggrement contracts you and your tenant only.
Good Luck OP

mencken · 04/02/2020 13:11

if this is England you are in for months of expensive battle. I hope all the documents were served correctly and signed for at the start of the tenancy, and that you have legal expenses insurance even if you don't have rent guarantee.

get a move on with sec 21 before they abolish it - sec 8 is a waste of time as it is easily circumvented and Shelter/CAB will tell her EXACTLY how to do that. And yes, when she is eventually out raise a separate claim for the lost rent. You probably won't get it but it will give her a CCJ which will warn future landlords.

the council won't take her if they find out she isn't paying as that is 'unintentionally homeless' but street her, not your problem.

Sadly you should also expect a trashed property.

JiltedJohnsJulie · 04/02/2020 13:48

And yes, when she is eventually out raise a separate claim for the lost rent. You probably won't get it but it will give her a CCJ which will warn future landlords.

Did you do a credit check on her before she moved in OP?

BrimfulofSasha · 04/02/2020 14:25

Of course she wants to stay, she is living almost rent free.
We all have our life obstacles, most of us still manage to pay our bills though.

She is taking advantage of your good nature. I'd go to the CAB so you know your rights and can follow the right processes to evict her.

mumwon · 04/02/2020 14:26

for your own good (& you can claim it against tax) join a landlord association like RLA (Residential Landlord Association) the joining annual fee is about £75 it was the most well spent money I ever spent) They have accurate advice on their page & when you are a member you can ring their advice line (I did this twice when evicting -"the tenant from hell" &they guided me through the process, what forms to fill in & how to do it & I didn't have to use a solicitor which saved me a massive amount) they will tell you what forms your tenant needs et al, &listen to your panic phone calls - they also have forums where other landlord raise issues. You may need to go through the court process if she doesn't leave & this, I am afraid takes time.Do you have her deposit in a scheme did you have the gas serviced etc advice below - if you have done all that you should you will be able to do a section 21 (you wont be able to reclaim debt though) its "quicker" & "simpler" than section 8 (but be aware we are talking on average 5 to 6 months if you need a bailiff)
www.gov.uk/evicting-tenants/section-21-and-section-8-notices

mencken · 04/02/2020 14:55

sorry - big typo. Not paying rent is seen by councils as INTENTIONALLY homeless so they won't help.

ChasingRainbows19 · 04/02/2020 14:57

Take the advice already mentioned. All actions done legally with proper legal notices like s21. Have copies of everything if needed. Do not let her talk you round you've been very patient but frankly enough is enough you aren't a charity.

Don't give any extra time or make comments that could be used against you. Be business like and to the point. This may not be your nature but it needs to be done properly for your own sake to get your property back.

Be prepared for possible court action and a lengthy eviction if she doesn't leave and seeing her cheeky fuckery already it wouldn't surprise me if she didn't leave after the date you give.

JiltedJohnsJulie · 04/02/2020 15:40

for your own good (& you can claim it against tax) join a landlord association like RLA (Residential Landlord Association) the joining annual fee is about £75 it was the most well spent money I ever spent.

^^This.

Jonb6 · 04/02/2020 16:57

Unfortunately op may have an issue in that it appears the property may not be the tenant's main and only residence therefore it may well be a common law tenancy.

lyralalala · 04/02/2020 17:02

@jonb6 The OP helped the tenant claim for UC as a single person therefore it’s highly unlikely she’s named on an AST for another property with her ex as well

lyralalala · 04/02/2020 17:03

If the tenant tried to go down that road she’d be in the shit for claiming housing costs for the OP’s place

Puzzledandpissedoff · 04/02/2020 17:23

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

Just as well, OP, and of course she'll spout sob stories if she thinks it'll gain her yet more free accommodation

In the nicest possible way you've been far too soft over this, but I doubt you'll make the same mistake again - even if your colleague discovers another relative who'd rather like to rent from you

Just keep your fingers crossed she doesn't damage the place; those tears can quickly turn to somerthing else altogether when folk are no longer getting their own way

londonrach · 04/02/2020 17:25

Give her the correct notice. Otherwise does into rolling contract. You might have to go to small claims to get your rent. You need this cf out but do it correctly. Did you take a deposit and protect it correctly

mumwon · 04/02/2020 17:44

@londonrach you can still do a section 21 with a rolling contract (I have done this recently with MTFH* see above)

Jess827 · 04/02/2020 17:45

I cannot believe this thread.

I'm aghast at the posters saying to lie about why, or say sorry.

Wtf?

You need to either get rid of the property OP because you're not acting like a proper landlord, blurring the lines so far beyond acceptable it's ridiculous... Or just take a chunk of your pay packet out if the bank each month and set fire to it. At least that way, since you've got more money than sense, you'll get a pretty show.

In short: you should have started eviction the moment it became clear that she was late with her first payment & had ignored warning that it was due. Wtf did you not do this?

You working with her daughter is irrelevant.

dottiedodah · 04/02/2020 17:48

As others have said here ,you need to get tough (easier said than done I know)! So far you have lost almost a whole years rent! You have been more than patient ,when most people would have told her to go ages ago!Just say to her and your friend that its nothing personal but you need the rent !

Puzzledandpissedoff · 04/02/2020 19:09

Looking on the bright side, OP did say that the tenant lived in her property "part time", which presumably suggests she has somewhere else she can live (even if only temporarily)

I just thought it might make the eviction easier if it's not going to create a homeless situation ... ?

lyralalala · 04/02/2020 19:22

I just thought it might make the eviction easier if it's not going to create a homeless situation ...?

It makes no difference to the legalities, but hopefully it’ll make sure the OP feels no guilt

mumwon · 04/02/2020 20:45

with my tfh as soon as I submitted s21 my agent told tenant to go straight to council & I contacted housing officer at council to tell them I has started process, I than informed at each stage (going to court & getting judgement of two weeks evictions & than giving them the date for bailiff - but although t was on the list until I had bailiff date they wouldn't help but because I had kept them informed t had temporary accommodation the week before eviction (not hostel but flat) - the fact that landlords have judgements for a set date doesn't count you have to pay to get bailiff to evict before they will formally do anything -