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Landlords insurance with tenant - non paying in house ?

17 replies

Mosman · 23/08/2013 10:43

We didn't take out landlords insurance as we felt it was a waste, but now it seems we may need to take legal action to remove the tenant.
Does anyone know if I take it out now if they will help us get these buggers out ?

OP posts:
specialsubject · 23/08/2013 11:12

I doubt it, you can't insure against something that has already happened. Sorry.

The law is biased in favour of tenants who can sit there for months, not paying, possibly trashing the place - while you have to go through all the right hoops to get them out. Of course most tenants won't do this, but there are professional non-payers around and it looks like you may have been hit by them.

Sunnyshores · 23/08/2013 18:50

Do you mean your house is completly uninsured? or that you have bldgs and contents for a rented house, but you just didnt take out the optional legal package?

Anyway, I'd join the National Landlords Association (£100pa) and their free legal helpline can talk you through filing out the necessary paperwork to evict them and then take them to court for unpaid rent.

Or you can pay a company such as Landlord Action (maybe £500) to do it all for you.

I'd take this as a warning of the pitfalls of renting out a property 'casually' (sorry that isnt meant to sound rude). Its a professional business and there are soooo many things to consider and rules to follow. I hope you've protected the deposit, or you cant take them to court.

RCheshire · 23/08/2013 19:14

It's unusual not to go for landlords insurance but as another poster has said, please say you have protected their deposit properly...

Sunnyshores · 23/08/2013 19:48

Its not unusual to not buy the optional extra legal package or rent protected package - but basic landlord insurance for the rebuild of the building and contents is a MUST.

Mosman · 23/08/2013 23:00

They've never paid the fucking deposit.

OP posts:
specialsubject · 24/08/2013 11:13

they should not have been given the keys without the deposit.

I'm afraid you have been taken for a thorough ride.

Mosman · 24/08/2013 15:32

Don't I know it :-(

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Sunnyshores · 24/08/2013 16:40

Do you have an agent managing the place then?

Mosman · 25/08/2013 02:12

I do, on the day the tenant was due to move in I got an email from the agent saying is it ok if they pay the deposit next month. The woman was packed up, weirdly goods in a can outside my house by then and we are in Australia.
It's been bounced cheques, drips and drabs of want ever since until in may she announced she was moving out - this doesn't count as notice given apparently - and she wasn't paying me another penny in rent.
She claims to have a problem with the electricity and then twice hasn't been in when the electrician goes to the house and sets another appointment for a week later. Considering she has a child this makes no sense.

OP posts:
UnexpectedItemInShaggingArea · 25/08/2013 07:10

Really sorry you've had this experience. It will be a warning for the next time. It's a common scam, you've just got to be ultra hard hearted and not fall for any sob stories from new tenants.

I hope your agent is doing something to compensate?

Mosman · 25/08/2013 07:21

What could they be doing ? Tbh they are half the problem. I asked them to serve a section 21 when she first fell into arrears they didn't. Asked her to pay half the arrears and then we'd send an electrician round - she didn't so we didn't - another week pasted without the section 21. She will be four grand in arrears before that runs out and then at that point we can take her to court, it's a fucking joke.
I'm hoping if I can ruin her credit record that will at least serve her right and then she will struggle to find anywhere nice - in fact I'm tempted to write to her ponying that out but knowing my luck it'll be the wrong thing to do and bite me on the arse.
Honestly when this one gets out the house will be left empty I'd rather it rotted than have tenants in it.

OP posts:
UnexpectedItemInShaggingArea · 25/08/2013 07:35

Firstly, they shouldn't be charging you any fees or commission.

Secondly, they should be liable for lost rent caused by the delay in issuing section 21.

Find out if they checked references properly.

Do you even know if your tenant gave her correct name?

I took a tenant to court for £6k of non-paid rent, plus other costs. I won, she never paid, nothing I could do about it. It sucks but you might be better off writing it off and starting again.

Mosman · 25/08/2013 08:24

We have a guarantor who ill go after but tbh they can't take commission because there's no rent to take it from, not that that helps me at all.
As it happens I so know the woman, we had children at the same school otherwise I wouldn't have let get have keys without the bond, so I will get the money even if its at a pound a week. I also know where she works so ill call her boss too if necessary.

OP posts:
specialsubject · 25/08/2013 10:30

apart from your criminal tenant, you also have a dodgy agent. The latter are not regulated (which is shocking).

time for a blizzard of small claims writs once you have gone through the expensive legal procedure to get the crook out of your house.
for future - use an agent who is a member of a real association, ARLA or similar. Doesn't guarantee total competence but does usually stop this kind of thing.

and I see you are being ripped off by someone you know. Even worse.

Mosman · 25/08/2013 10:32

Icthinkbyhey see regulated amazingly.

OP posts:
Mosman · 25/08/2013 10:32

Eh ? I think they are regulated amazingly

OP posts:
Sunnyshores · 25/08/2013 18:15

You need to act now, join NLA for £100 - and then speak to their free legal helpline you can then start filling in the claim forms and writing letters to your tenant and agent, without fear of reprisal.
If you try to fill out the forms on your own and get it wrong any part of it, you'll be doing this forever.

Good Luck

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