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View Full Version : Tenants pay late, so warning letter then Notices



Anna Gabell
28-03-2009, 17:47 PM
Hello fellow landlords
I have some serious problems with my tenants in my house that I hope you can help me with 
They signed a six month tenancy agreement in February and they have now given me 30 days inside the contract as they have found another house. I said that they cannot do this but they have gone ahead and are moving into a new place in April, so I have been told.
All sorts of worries are going through my head at this stage, can anyone advise me on the things I can think of?
1. I have issued them a section 21 notice, and now they have not paid rent this month, do I need to send them any chase up reminder letters? I am aware of the section 8 notice next. Are there any example letters that I can use?
2. If they refuse me entry to do an inspection on the house after I have given them 24 hours notice (in my contract), can they refuse to let me in? What can I do then???
3. If they trash the house, or break anything where do I stand??
4. Also, if they just leave the house without telling me they have gone, what do I do???
I am panicking a little at this stage but I think it will be ok, any advice?!
Thank you
Anna x

jta
28-03-2009, 18:17 PM
Obviously you can't stop them leaving but....

The S21 you have issued can have no effect during the first six months of the tenancy.
The tenants are bound by their contract to pay up to the end of the tenancy.
If they wont let you in to do the inspection there is nothing you can practically do about it.
If you suspect they have left, do not, in any circumstances, just enter the house or change the locks. That could be seen as illegal eviction. Try to agree a surrender where you are handed the keys, and get it in writing that they are surrendering the tenancy.
The deposit can be used against any damage they might have caused.
The deposit has been placed in a scheme I hope.
You should tell the tenants they are still liable for the rent up to the end of their contract or until you can re-let the place, try to get them to allow you to advertise and show people around even while they are still there, it's to their benefit as well as yours.
Get as much info. as you can, so that if they do a bunk you have some chance of tracking them down. Car registration numbers, new address, if you can get it, anything you can think of.
Don't panic, be businesslike.

And after they have gone sue them for what they owe you.

snakeeyes21
28-03-2009, 18:21 PM
legally they have to pay the rent untill you find another tenant or untill the tennency comes to an end.
im not sure of point 1 as ive never had to use it (long term tenants im happy)


on point 2, they are legally allowed to deny you access if its inconvenient to them, the 24 hours notice is just to inform that that you are requesting their consent to enter the property to do an inspection.
If they continue to refuse the only way to gain entry is with a court order.

on point 3, i assume you have the deposit in a TDS and you had an inventory done when they moved in? if you have no inventory / proof of the state of the property then theres nothing you can do.

Anna Gabell
28-03-2009, 18:36 PM
Hi all

Thank you for the prompt reply!

Yes, deposit in protection scheme!

So they have to pay me upto re-letting the property and all costs?
What if they refuse to let me whilst they are in there to do viewings for other tenants etc? What would i need to show in court that I have legally done all i can with them?

x

Anna Gabell
28-03-2009, 18:37 PM
yes, full deatiled inventory done as well...

mind the gap
28-03-2009, 19:03 PM
Hi all

Thank you for the prompt reply!

Yes, deposit in protection scheme!So they have to pay me upto re-letting the property and all costs?



Yes. And they cannot get their deposit back until the tenancy ends. It doesn't end until the end of the fixed term or until you agree to end it (e.g. if you have found new tenants). It does not end just because they move out. Make sure they understand this. A letter from your solicitor pointing it out might help knock some sense into them.



What if they refuse to let me whilst they are in there to do viewings for other tenants etc? What would i need to show in court that I have legally done all i can with them?

x

If they refuse to allow access for viewngs, then you will have to wait until they have moved out to conduct them, and I would be very surprised if a court held that against you - in fact I'm not sure you even have to mitigate your losses in a case like this, (although obviously you will want to try to re-let rather than have an empty property).

They really have no idea, do they? What do they think a contract is?

Anna Gabell
30-03-2009, 09:24 AM
Hi all

I need to send my tenants a letter asking them for rent which is 8 days overdue. Does anyone have an example I can use, or what, at least, i should put in it?

Thank you! x

Anna Gabell
08-04-2009, 19:40 PM
Hi All

The Saga continues...

I have a tenant who has now been 3 months late paying rent. They have paid in the end but 5, 10, 17 days late consecutively.

They have also breached contract by allowing pets and hanging curtains without my written permission.

I want them out.

Is a section 8 notice powerful enough in this predicament, a s21 has already been served.

As always, your advice is gorgeous x

bunny
08-04-2009, 19:55 PM
It would probably assist posters if you were to state whether they are still within the fixed term and how far in the term they are or whether they are on a periodic tenancy.

A S8 for persistently late rent is a discretionary ground and the other breaches will probably be considered as minor and discretionary also so the S21 is more likely to be effective in obtaining possession.

Have you addressed the issues with the tenant and tried to establish the route cause of the late rent? I am not suggesting that you don't pursue the legal process of obtaining possession if that is what you really want but there may be another solution.

Anna Gabell
08-04-2009, 19:57 PM
Hi

yes they are still within the term of the contract.

I have written to them, asking them to pay rent on time.... and if there are any problems, then please talk to me.

Nothing. No response.

mind the gap
08-04-2009, 20:00 PM
As bunny asked, how far into the fixed term are they - how long has it left to run?

Anna Gabell
08-04-2009, 20:01 PM
Apologies

Ends 25th July.

mind the gap
08-04-2009, 20:07 PM
Apologies

Ends 25th July.

So can one assume it began on 26th July 2008 or 26th January 2009? And was there a unilateral break clause allowing either party (LL or T) to give notice at the six month point?

Sorry, but it makes a difference to the advice you will get!

reluctant landlord
12-04-2009, 10:07 AM
Just as an aside... I had a very similar experience. I managed to claw back some compensation at the end of the tenancy under the clause for late payment. I added up all the days that he had paid late and explained to him how much he owed me - it was thousands.
I did get all the money in the end so really I didn't suffer too much. But we agreed that I would deduct a token £250 from his deposit as compensation. He agreed as otherwise I would have pursued him for the rest.

Moderator1
13-04-2009, 15:04 PM
Three separate threads by OP have been merged.