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lilaclil
14-04-2010, 19:01 PM
Hi

I have 3 properties all managed by a LA. I found out last month that one of them is not one standing order as they paid rent late by cash (they were out of country). The same has happened this month (due 10th) but again they are out of country with sick mother and not due back until end of month. I have requested that I do an inspection as I frankly don't trust the agents anymore but they say that I can't as tenants out of country... any idea where do I stand legally? Could I consider non-payment of rent to be abandonment and therefore have every right to enter? The LA has clearly been able to contact the tenants (probably by mobile) so don't see what the problem is in entering unless the tenants have something to hide???

Any advice gratefully received.

Snorkerz
14-04-2010, 19:12 PM
You would have no right to enter in such a situation, only a genuine provable emergency.

With regard to abandonment, presuming the tenants furniture etc is still inside, this isn't a serious option.

You could try to evict using s8 ground 11, but your chances of success would frankly be slim.

If they are near to, or outside the end of their fixed-term you also have the s21 process.

matthew_henson
14-04-2010, 19:19 PM
Hi

I have 3 properties all managed by a LA. I found out last month that one of them is not one standing order as they paid rent late by cash (they were out of country). The same has happened this month (due 10th) but again they are out of country with sick mother and not due back until end of month. I have requested that I do an inspection as I frankly don't trust the agents anymore but they say that I can't as tenants out of country... any idea where do I stand legally? Could I consider non-payment of rent to be abandonment and therefore have every right to enter? The LA has clearly been able to contact the tenants (probably by mobile) so don't see what the problem is in entering unless the tenants have something to hide???

Any advice gratefully received.

To be honest it is one of the hazards of being an LL, if your cash flow cannot handle a few late payments then perhaps this is not for you. As for you other comment about abandonment, I suggest you take the time to learn tenancy law (www.letlink.co.uk is good place to start) it will help you avoid at best a fine and at worst a spell at her Majesty's pleasure

lilaclil
14-04-2010, 22:03 PM
I can cope with the cashflow but what is really frustrating is my LA's lack of management.... time to change me thinks but is it better the devil you know? It's not the first time we've had problems with this property... I was ill last year and took my eye off the rental incomes... the previous tenants didn't pay for 3 months and the LA failed to tell me! They then told me that they'd done an inspection the previous week and that the house was in good condition but when I went in, there was rubbish and hair clipping and dye etc everywhere (and I mean EVERYWHERE!).... luckily the tenants gave notice themselves and I just lost £750 :mad: but can't afford for this to happen again

mind the gap
14-04-2010, 22:06 PM
time to change me thinks but is it better the devil you know?
No, that is almost certainly not the case. Do not buy a big, greedy, expensive dog then bark yourself!