Tenant not paid the rent...I want to kill !!!!

[Steppy1]

It's all going legal...Dh is so stressed, and solicitor says we have a good case against our tenant (wanker !!) under the 'protection against harrasement act'

It's going to get so shitty I just know it......please come and wrap me up for the next 6 months until it's sorted........

I need the mumsnet "boys" (or female version to go 'sort them out' IYKWIM.......

oh god steppy, how many months?

how did your interview go btw?

only one month (so far) but house is at the higher end of the market so it's a considerable sum of money...

he's claiming that it's becaues there are issues that need to be fixed..... funny how it seem s to have co-incided with their February wedding.

i think that he can't afford it and is trying to buy time....

Solicitor is up for a fight (aren't they always !!!)

Didn't get it...was really disappointed though, on reflection wanted the job to massage the old ego really, you know how it is...wanted to feel wanted and all that..... still busy with all other 'stuff' that I'm doing...and thanks for asking

oh dear, do you not have to leave it til they owe 3m tho?

shame about the job hun

not according to the solicitor...

He's preparing papers NOW for possession of the property so that we can get OUR house back (ffs !!!)

then will go for monies owed (which'll be even more by the time it goes to court)

plus costs.

All this, of course, will cost us in the meantime......

BASTARD

(sorry just so bloody angry, really feel they've taken p* out of DH and I)

EG I had cnversation with him last night at 7pm (as trying to bath kids !) and said I wasn't prepared to discuss anything other than the intentions to pay the oustanding rental...so he put the phone down.

He then left a message this morning on DH's mobile saying (wait for it)

"I'm sure us gentlemen can resolve this issue"........

...he's in his 60's and claims to have an OBE, and she says that she's a barrister.

nice behavour from the upper eschelons of society I would say !!!

feel for you hun, but if he has an OBE and shes a barrister she must have the money to pay rent!

"he's in his 60's and claims to have an OBE, and she says that she's a barrister!.

What's having an OBE got to do with anything, all that is irrelevant to you. Not paying the rent that is owed to you is more relevant.

Did you interview these people carefully beforehand?.

Did you see that prog about those people that rented a cottage in the Cotswolds to Kate Moss? Story here . Still the following tenants are in dispute for different reasons - story here

you're spot on ATM - I didn't give a whatsit about who they are...all I'm interested in is the rent to which we are entitled...they've rented the property, signed an agreement to which they've agreed to terms and conditions...

Strange co incidence is that the month that rent not paid just happen to co incide with their wedding month...apparently rather large affair in London..me thinks he couldn't afford both so decided to not pay the rent.....

Blood boiling like you wouldn't believe

Our letting agent (Hamptons International) did all the necessary reference checks beforehand...they were "reasonable" .....

Hadn't seen the story but had heard about it, suppose it's always the risk that you take when being a landlord....

Even if there are repairs or something outstanding they are not allowed to simply withold the rent. What they can do, I think, is ask for the repairs or whatever to be fixed, giving you a reasonable length of time. After that (if repairs not done), they can probably get someone in to do the repairs and take that amount off the rent, providing you with the workman's receipt to cover the amount they've paid the workman. But simply to withold the rent is a fundamental breach of contract and you can boot them out (with due process ie. all that serving notice business etc).

Also it would be in your interests to listen to what he says the problem is, you have to be seen to be acting reasonably even if you are angry.

thanks CAM that's exactly where we're at....there have been a couple of minor issues that need sorting which we're more than happy to fix, that's our obligation and responsibility as a landlord...we asked for access during the 3 weeks that they were away on holiday/honeymoon as the perfect opportunity to sort things out...THEY refused access .....

Dh went and spent a whole morning with them at the end of Jan and had to sit and listen to what amounted to verbal abuse....we've had threatening text messages (it has got to the stage when we don't want to switch our mobiles on ffs!!) We've responded to all reqeusts in a professional and courteous manner...and the male tenant has absolutely taken the whatsit...here's an example:

"This property is not fit for purpose, the kitchen blind looks nice, but doesn't work, the rear door access lock is broken, the lock to outside secure office is broken too, if you don't fix it within 24 hoours I'll make sure that the book is thrown at you"...

DH arranges to visit.......

Blind works fine (it's a snazzy John lewis mechanism, very smooth and easy to operate), back door lock is a double lock so just a matter of pulling up insteand of down...as is the external building......

and it goes on..

Sorry for sounding off but it's got to the point when a gasket will blow...

one of mine..not in the house

Oh, sorry, didn't realise that they were nutters

They're not allowed to refuse reasonable access to the owners or their workmen to fix repairs so I am wondering why you didn't just go there when they were away? I would have told them that's when the stuff was being sorted, rather than asked iyswim.

Looks like there has been a complete breakdown of trust and relationship so getting them out will be the best thing. One thing I have thought: as they have just got married are they buying a house of their own (sounds like they can afford it) and are just playing for time until they move - and are laying down deposits on mortgages elsewhere etc.

you're absolutely spot on about the relationship breaking down....

He said that they sent a letter explaining the reason why they didn't pay....but wouldn't discuss the details of this letter over the phone ??????

The mysterous letter then arrives recorded delivery - he'd obviously hand written it and put a date of 3 weeks ago to make it look as if he'd sent the correspondence to us then !!!!!

Mysteriously Hamtpons International didn't get their copy either........ "I can't be blamed for the British Postal system" was explanation....and this is a classic.... has accused US of ignoring his letter, which he hadn't send in the first place IYKWIM

Crafty bugger is now trying to extend the rental period until April 2008 (no chance mate !!) although latest, on Friday, now that he realises that they'll have to be out by May, is to threaten to report us to the council for health and safety issues as the property isn't fit for purpose !!!

Grrrrrrrrrr.......

If he sent the letter recorded delivery then the post office will have a record of when it was sent and when it was delivered surely? If you put the code from the recorded delivery sticker in on the PO web site it should show you the details

We are thinking of renting our property out in the future, and this is really putting me off!

Poor you - and good luck

we received a copy of what he claimed to be the original by recorded delivery.

What he claimed to be the original was NOT sent recorded, apparently 3 weeks earlier, obviously he didn't think it important enought to send details of why he had decided to not pay the rent by recorded delivery..........

I guess, like in life, you can get good and bad tenants and some of it is just luck of the draw.

I think that the real issue is.

1. they need a bigger house

They've merged from two properties into one and havn't got enough space for all , mainly 'her' stuff.

1. they can't afford a bigger house. the house is literally stuffed full of furniture...As eg. There is a wall light fitting that needs to be replaced and we've requested that for us to do it, they have to move the furniture that's obstructing access...they havn't done it, probably because there's not one inch of space left for them to move it.

They should be in a much larger house...but absolutely cannot afford it.

'He" moved in on his own and was there from oct 20 - Dec 20 (just before Christmas), never heard a peep from him

Since she's moved in, endless list of 'complaints"

" the gas cooker makes too much noise"

On inspection we discover "the noise" is of the gas burners because she's used to a silent aga ffs.......

She'd make somebody a great MIL !!!!!!!

What's your letting agrnt doing about all of this? They sound a bit crap tbh. What does "reasonable" references mean?

Agree with ZK, the letting agent should bear far more responsibility than they are. Have they just wiped their hands of the situation?

Did you change the tenancy from a sole one to a joint one? Was there anything in the tenancy agreement about sub-letting? Is is possible that she is there "illegally", i.e. not as a bona fide tenant.

I hope you are keeping a diary of all requests on your part for access to carry out work and their failure to allow you to.

thanks for inputs ladies..

letting agent marketed property for us but do not act as the managing agent. they are actually being very supportive with the whoel situated as we are managing the property ourselves (we thought it would easy tbh !!)

they BOTH signed the tenancy agreement and all our correspondence has been sent to both of them....The payment comes from HIS bank account though...

absolutely have kept a diary of all requests, dates, our actions etc etc...now quite nice on an excel spreadhseet with the solicitor

The latest is that he has threatenedd to get the District council Health and safety inspectors in to get the building condemned as unsafe....quite interesting that as only a few days ago he requested an extension to the agreement until April 2008 !!!! Bloke's a lunatic !!

Life's too short for this one, I would go the legal eviction route and advertise pronto for a new tenant.

Do you have a deposit from them?
I let some properties, but not to students or lawyers.
We had a flaky tenant whom we got thru' a letting agency - don't use them any more, they are not as diligent as you would be, and when they have got their commission they aren't bothered if the tenant defaults. Another local agent even colluded with another tenant by selling hwer a house and telling her she could move out of our flat when she completed with no notice or penalty!!!
I gather you already have a solicitor? We used a company called Landlord Action (was about 7 years ago)They were fab, much cheaper than a solicitor, and we got her out. We didn't pursue the money as she obviously owed shedloads everywhere.
The annoying thing was that went we went to court,a sweet old lady from CAB asked us if we needed any help - when she heard we were the landlord (and injured party)she gave a dirty look and snootily told us she only acted for tenants.
Things will get worse now as landlords will not be able to take deposits from April - we will be selling our b-t-ls up and buying overseas.

they sound like professional rent-dodgers - I bet you'll find that they've done this before.

Not much consolation now, but you can take out insurance against this happening - the co will pay the arrears and the court costs if tenants default. I don't know any suitable links.

Although it's probably unwise as they could turn it around to say that you were harrassing them i wonder if it would be better simply to say to them that if they get out by such and such a date you will call it quits. I just have a feeling that even if you get an eviction order you will be left out of pocket so do you have anything to lose?

does he have an OBE? IS it worth checking? If he has can they be withdrawn if they behave dihonourably? If he hasn't you could let him know that you are on to him which might make them leave.