using debt collectors for unpaid rent

[rsophat]

Hi my tenants owe me 1.5 months rent, I gave them a section 12 notice last month and they have until end of this month for the 2 months to be over.

They moved in April and did not pay there first rent on time, when I called them they asked to move the date to the end of the month which I agreed. They paid the following month on time, but then before Julys rent was due one of them said he was leaving to go back to his country but said he had a friend who wanted to stay. We agreed and I got him to sign the contract and contents list. The guy who left gave his half of the rent to them, they did not pay up and since July 31st have messed us around and paid in small amounts, I have called, left messages texts, sent letters and arranged meetings with them and everytime they where not there.

They now owe me 1.5 months rent and have not paid. They asked us to come round yesterday to collect it and when we went they turned off the lights and locked the door from the inside, so we left.

There was a recent water leak, which they did not tell us about and it leaked into the

neighbours flat, he gave his details to them to pass on to me. They did not do this and the damage to his flat got worse. We had damage to the wall and flooring outside the bathroom. They also removed the smoke alarm so they could smoke even though it’s a non-smoking building. After this had happened the notice was served.

We need to gain entry to the flat to make repairs and will be getting the insurance people round. Can they lock us out? I am really fed up trying to chase them every day calling and their constant lies. They also gave false references as they work in hotels and not in IT as it said. I have a let only agreement with the letting agency but they helped me out and wrote the notice on my behalf.

I had decided to change the locks but I read on here I cant. So I was thinking about getting a debt-collecting agency, they have also told me they are going back to there country in November and I think they intend to go without paying.

I am soo angry and just want to get back at them but legally if poss.

thanks in advance (sorry for the long post)

ritu

[GPEL]

Join www.landlordlaw.co.uk , loads of advice and kits to DIY or use them.

[Trenners]

Hi Ritu,

I think the most important thing, at present, is to LEGALLY get your property back so that you can remarket it and get tenants in who are going to pay the rent. The easiest way to get your property back is to encourage the existing tenants to leave of their own freewill. If you "go legal" then they could still be insitu in a few months time !!

If you send the debt collector around then you will surely anger your existing tenants - and who knows what damage they will do to the property then ......... ? and, of course, they will still be living at your property !

I think it is time to try and cut your loses. I would keep calling the tenants until you get a face-2-face meeting ... and offer to let them off ALLl the outstanding rent in exchange for the keys back to your property. The sooner you do this.. the less money you lose (in unpaid rent).

Getting the property back is priority 1 .... chasing them for any outstanding rent can be done once you have successfully gained repossession - although I wouldn't realistically hold out any hope of seeing any of the money.

GPELs suggestion of you joining landlord law (I wonder if he has a vested interested in that organisation) - won't get your tenants to give up possession of the property. Going legal very rarely pays (in my experience).

good luck,

Mark

[rsophat]

Thanks for the advice Trenners, my Dad (who is speaking to them now as i keep arguing with them) got a call from the original tenant last night he said that the other new tenant has left the flat and has not paid a single penny to him, he said he will pay what is owed from last month this week. He wants this months rent to come out of the deposit, he also said he is leaving end of October to go back to his country.

I dont want to agree to take it out of the deposit as I have to pay £500 excess on the insurance claim I make for the water leak they never told me about and I will have to repaint and clean the flat as its a complete mess.

I have asked my dad to talk him in to paying for another 2 weeks rent and then leave, in the meantime i am gonna contact other letting agents and get new tenants in soon after he leaves.

I have another flat and the previous tenants wanted to leave and asked if I would take the last month rent out from the deposit which i agreed, i then had to change one rooms carpet and repaint after they left so i dont wanna do that again!

Renting out flats are more bother than they are worth, and I have not met one honest person doing this. I know its good to have them for future investment blah blah, but I would rather buy a shiny new car. Sorry rant over

Thanks again

Ritu

[GPEL]

No vested interest Trenners, just a site that offers plenty of impartial unbiased guidance. Legal should be the last route to take but better to respond to a problem from an informed position, knowing facets of all options legal or otherwise, than relying on hearsay and dropping a clanger. Good communcations is the best way to nip problems in the bud, but not always possible. Landlordlaw won't get you possession of your property but the excellent practical advice it gives, which isn't of a sue and damn them nature, just might.

[rhiannon]

Hi

I had problems with a tenant previously with bad debt and had to evict them. If I was you I would forget cebt collection just get them out and get your property back.

You can employee a debt colloector but when he catches up with them you can guarantee that they won't have any money to be collected

[rsophat]

Hi

The tenant never paid up in the end and kept putting us off so we went round to have a look at the water damage and chat about rent. He said he will pay £300 tomorrow!! and that we actually owe him money cos we have his £800 deposit so the rent for october can come out of that. I tried to explain to him it does not work like that but he acted like he did not understand. I also discovered there was someone in the one of the rooms so I went to have a look and someone was covered up with a blanket sleeping apparently!! I think that person is living there with him but he said no of course.

So I now intend to go round once I have the £300 and put a lock on the 2nd bedroom. He said he wont leave until 7th of November and I said we will come round and move his things out and he said go on then try!

So what can I do if we put even a scratch on his possesion he can sue us or call the police for stealing his property!! I also again saw unpaid bills and asked him about it he denied all and said he will pay them.

He does not care I have been stressing about this for 2 months and I got really angry, and he said why should I pay when she shouts at me I suggested I will bring flowers next time because he has been soo good to me and that shut him up.

Rhiannon what did you do to get rid of yours?

anyway roll on november

Ritu

ETA 10/10/06 - the tenant called today and said the bank wont give him any money until 2-3 weeks which is just about the time he said he was leaving!! so i have now decided to put a lock on the 2nd bedroom so at least he wont have who ever he wants staying there.