risk tenant on paper wants to extend

[widwarts]

HI all

I am a first time landlord and my tenants which to stay on. An agent found them - the agent turned into a nightmare which is another story - and no longer acts on my behalf.

The only references I have a copy of is the agent one from Letsure which indicates a risk ratio of 47 (not sure what that means).

The tenants appear to be a nice young quiet couple who keep the place well and have been no problem. It is a couple in their first home in their early twenties. However they paid 6 mths in advance (which I am told is probably due to their credit rating but the managing agent also told me he had a legacy so therefore more money).

His business he was involved in when first moved in has failed. He says he is doing agency work. Can I ask for a bank and employer reference again?

Also, would it be appropriate to ask for a guarantor at this stage when the AST is coming to an end?

IF the AST says 2 months notice does that apply to the PST too or does it go down to one month.

I was also thinking that a monthly PST would be better in case of failed payments.

Thanks for any advice. I am happy for them to stay but am a little nervous at exposing myself to any risk and want to make sure I have protected myself as much as possible.

Kind regards

Ann

[Trenners]

Hi Ann,

I assume that the young couple have looked after your property during the last 6 months and you are holding a security deposit equal to at least 1 months rent .... if so ... then your only risk is probably whether they will continue to pay their rent or not on an on-going basis.

I would simply let the tenancy lapse into a Statutory Periodic Tenancy at the end of the fixed term which means that the tenant must give 1 month notice (from a rent day) to terminate and the landlord must give 2 months notice.

Good tenants - who look after your property - are sometimes hard to find .... it is best not to unsettle them by asking for guarantors (which implies you don't trust them) ... and better to simply extend on a month to month basis ia a SPT.

If they don't pay you the rent then you could always withhold their deposit .... but why would a quiet young couple who have looked after your property for the last 6 months - all of a sudden - stop paying you the rent.

I think you are worrying un-necessarily and you should simply extend via an SPT.

Good luck,

Mark

[GPEL]

Different strokes for different folks.

Nothing personal but I fundamentally disagree with Trenners liberal approach on this. If you have ever had to re-possess your own property through the courts for rent arrears and, when gained entry, found they had completely trashed the place including each door punched thru you'd know why I say this and am more circumspect.

For clarification, they were a young couple, passed all references, looked after the place and all was well for the first 6 months; then the nightmare began when their circumstances changed.

Whatever course of action you take, don't try and second guess your tenants. Respond to what you know from the references and adopt a precautionary attitude.

[widwarts]

Hi both

Thanks for responding and both offer (in articulate fashion) my dilemmia.

I have decided to let it run to a pst, question, why do I have to give 2 months and they give 1 month only? Is it not either 1 month either side or 2 months either side?

In the meantime I will be proceeding with caution. He has not returned my calls lately which makes me slightly nervous so I hope to have more clarity when we meet tomorrow.

Thanks again

Ann

[philipjm]

When does the fixed term expire??

Forget your tenants feelings - your a first time landlord and you dont want to get stung this early on in the game!!

Most people dont realise this but providing you are still within your fixed term tenancy you can serve the Section 21(1)b Notice to expire on ANY DAY providing you provide a minimum of two months notice.

For example. The fixed term runs from the 16th June 2006 to 15th June 2007. You can serve your notice on the 8th June 2007 to expire on the 9th August 2007. It doesnt have to expire on the end of a rent period. That is only the case when the agreement is periodic.

The best advice I could give is to serve S21 notice for repossession. Once the agreement passes the fixed term and the rent becomes due wait and see if they pay. If they do - great, leave it til the next month, if they pay - great...if they dont then you have already served the notice and will be able to seek an accelerated possession order. This will be much better than having to wait until the tenants are two months in arrears before you can serve S8 Notice under ground 8 and then having to wait another 2-3 months before you get vacant possession.