Delinquent Tenant

[george price]

That Chinese curse I incurred is coming in full swing it seems not only accountant problem I now have a dodgy tenant. A couple she a juniors teacher (Searra Leonne with Nigerian name) he a warehouse worker good combined salary references passed by the letting agent, paid the 1 month rent (less agency fees etc) and 1 1/2 months deposit 30/9/11 and yes you guessed it - nothing since..

Did my first visit beginning October to meet up, put couple things right etc. Since has refused me entry stating landlords are not allowed to visit within 3 months of previous visit. My letting agents do not know what landlords visiting rights are.

However, we have now issued a Section 8 notice, effective 23rd December but of course no action can be taken over the holiday period as we are told nothing officialdom-wise is open,

It seems that us landlords are disadvantaged - in the above situation, we have to pay for a Section 8 which can only do after rent default of 2 months, then wait 14 days + 2 days alowing for the post, by which time the deposit has been eaten away. Then presumably we have to pay £800 -£1,000 to a solicitor to get a court eviction (unless covered by insurance)

The tenants then presumably can claim homelessness and get a council house despite their combined high earnings?

The credit reference agencies, despite their high fees, do not check for this information, they only check for CCJs, therefore, such tenants can wander from property to property, not paying rent and perhaps causing damage.

[Richlist]

Perhaps you can now see why some of us keep on about taking rent guarantee insurance &/or a home owning guarantor. Presumably you didn't bother with either of these 'essentials' ?

Personally the words Nigerian & Sierra Leonne would be enough to put me off....ok I know it will probably be viewed as somewhat racist....but I've heard many bad stories.

Its reasonable to carry out regular inspections at 3 monthly intervals. I would view more frequent visits as verging on harrassment.

I would never employ a solicitor to deal with an eviction and why you think you 'have to' is totally beyond me. My advice would be to use a company such a the ones below who have fixed fees for dealing with this situation.

http://www.landlordaction.co.uk/site.php

[LLAW96]

I hope you have issued you s.21 notice as well because the minimum return date for a possession claim is 28 days, then there is the possible defence that might be raised in this case you might face a counterclaim for disrepair. By the time that the court has gone through due process (assuming you have granted a 6 month tenancy) you might be able to recover possession via the s.21 route. The issue of employing a solicitor is not as clear cut as you might think. If you find a solicitor who specialises in landlord and tenant law they can be worth their weight in gold as they will not only be able to deal with all of the paperwork for you but also be able to deal with any unexpected issues or procedural matters raised by the court. If something does go wrong then all solicitors are regulated and you should receive compensation for your loss. The companies that offer possession services are unregulated and you pay for what you get, standard forms are used and if you are paying £50.00 for someone to prepare and serve a notice for you you get a £50.00 service. Ultimately they employ solicitors to represent you at court in any event.

[george price]

I hope you have issued you s.21 notice as well because the minimum return date for a possession claim is 28 days, then there is the possible defence that might be raised in this case you might face a counterclaim for disrepair. By the time that the court has gone through due process (assuming you have granted a 6 month tenancy) you might be able to recover possession via the s.21 route. The issue of employing a solicitor is not as clear cut as you might think. If you find a solicitor who specialises in landlord and tenant law they can be worth their weight in gold as they will not only be able to deal with all of the paperwork for you but also be able to deal with any unexpected issues or procedural matters raised by the court. If something does go wrong then all solicitors are regulated and you should receive compensation for your loss. The companies that offer possession services are unregulated and you pay for what you get, standard forms are used and if you are paying £50.00 for someone to prepare and serve a notice for you you get a £50.00 service. Ultimately they employ solicitors to represent you at court in any event.

[george price]

Hi, well it is my first time for this sort of problem, I have buy-to-let insurance specially developed by the insurance broker through Zurich but it transpires that it does not cover evicting bad tenants costs, or loss of rent, need separate protection only available from specialist companies.i did not read the policy thoroughly. My tenants have a 12 month contract running from 30th September 2011 so perhaps a little early to issue a Setion 21? I will have to get a specialist to helps. What worries me is the horror stories that these rogues know the system and even with a Section 8 can drag the process on, how long? Contract law does not appear to apply to buy-to-lets, the law is structured in the tenants' favour even if tjhey are obviously rogue. Having talked with my insurance broker, she advised that these incidents have sharply increased. We ahve invested in property as a boost for our pension but makes one wonder if buy-to-lets are a sound investment, certainly these problems and risks to the landlords' investments are not known in public domain

.Approx. 30 years ago, I owned a seaside cottage and when the kids grew we rented it out. We felt a civic duty and allowed a DHSS tenant in - an unmarried mother, her father lived at the end of the road and owned a large pub/restaurant/nightclub as well as a building company. When she wanted to move to the seafront, her boyfriend put a lighted cigaret on the sofa thereby setting the house on fire, she was therefore homeless and moved. I vowed then never to allow Benefit claimants. It seems the private sector is now at risk. Where do we go from here?

[Richlist]

I take it that you haven't bothered to view the web link I posted earlier ?

Specialist, fixed fees, helpfull, structured 3 stage eviction process.

I can't do any more than point you in the right direction!

[george price]

I take it that you haven't bothered to view the web link I posted earlier ?

Specialist, fixed fees, helpfull, structured 3 stage eviction process.

I can't do any more than point you in the right direction!

[george price]

yes I did view that and I did thank you which I thank you again, The Section 8 Notice that the letting agent has issued is with effect 23rd December. Officialdom is closed for the holidays until 2012, I have therefore keptt the link to contact or I may give them a prelimanary phone call. In the meantim I am doing the rounds letting agent who I feel has really let me down, either total ameteurs or desparate for the rental commission, the property's neighbour, I have also contacted the local college to investigate/provide proof that the tenants are allowing multioccupancy with a student, dont know if the college will come back to me yet, also contacting their bank. My next step will be to contact their employers. My friends have suggested I just change the locks and lock them out, but that may make it more difficult to eveict them.

I still think it strange that there is no register for dodgy tenants unless there is a CCJ outstanding, but Banks and finance Companies will report a late payer even if missed one payment, we often hear of people who have been wrongly registered and there are companies offering to get them removed (for a fee) from the bad credit register, no CCJ necessary, and can access these reports, but, Landlords cannot register their dodgy tenants. The rules should be changed to include this as I am sure that all other creditors or potential creditors would find this useful and complimentary to their current searches.

[Richlist]

My friends have suggested I just change the locks and lock them out, but that may make it more difficult to eveict them.

Don't do that or you will be in trouble.

[george price]

The upstairs neighbour rang me earlier to complain that last night there was a lot of noise, people shouting and a couple of vans outside, so i went round there just now and guess what .. the tenants have gone....the place has been emptied, they have taken all their furniture, crockery etc,, but left my fridge & cooker and their dirt and their smell,and mould on the walls (all since 30th September). The neighbour met with me and he is delighted.

So I suppose i had better get round there tomorrow and change the locks in case squatters are given the keys or somesuch nasties.

Although i wonder if they are still legally responsible until the AST ends 30/9/2012 even though they have not paid.

I also did contact that website you gave me earlier today - 'Landord Action' and was waiting to hear back from them.

[Richlist]

So I suppose i had better get round there tomorrow and change the locks in case squatters are given the keys or somesuch nasties.

So, your tenants still have a valid AST, they haven't signed a document saying that they have given up the tenancy and they still have the keys.

You need to read up on how a landlord must handle abandoned property......thats what you have.....tread carefully. Changing the locks in these circumstances can get you into deep trouble.

Although i wonder if they are still legally responsible until the AST ends 30/9/2012 even though they have not paid.

They are legally responsible for the property, the rent, the council tax & the utilities until the end of the fixed term.

[Carryon Regardless]

Yes change the locks but 1st read up on abandonment. There is risk from preventing them access to their home ??

Weighing up the potential risk of further abuse I feel that if done as correctly as you are able taking possession is the lesser of the two risks.

Do the reading so you understand why to post notices of how they may can gain desired access, and gain evidence to substantiate your belief of abandonment.

Much is a judgement call.

I wouldn't hold your breath for any more dosh, but often taking the offensive can deter thoughts of claim.

[george price]

Today received a typed letter from the dominant female of the tenants dated 10th December advising she left the property (previously she had refused me entry for 3 months - 3rd January 2012). She also sent the letter to the letting agency enclosing the keys to the appartment. There is no address on the letter, it is signed in block capitals with her shorterned christian name only. She enclosed a letter from Thames Water addressed to me 3rd November alleging a leak, that she had opened and not forwarded until now. In her letter she claims that she is complying with my request of 25th October for her to leave utilising her deposit to pay for the rent. And as she left on 10th december, there is nothing to pay.

She then accuses the burst water main. causing a smell of sewage which the water board notified me several times, actually she had opened the letter and not passed it on. we had previously ascertained the smell was from the kitchen sink waste where the washing machine outlet joins. Because she said she was going to fit a washing machine, we left her the waste pipe to connect easilly and thats where the smell emanated from the open end of the wate pipe. She knew this there is no burst pipe. Actually I had to call the water board this afternoon to arrange a meeting with their engineer at the property as the letter from the Water Board was a Statutary Enforcement Notice on a side leak . Seems these people try every angle and are well versed in the tricks of the trade.

The letting agent has pointed out that I am approx £ 350 short on rent, not including extra expenses, cleaning, repairs, inventory etc. Advised me not to enter the property until an inventory has been made in case I wish to proceed with legal action in case i contaminate the site. I have already changed all the locks.

Incidentally, I have contacted that site you referred me to - Landlords Action 4 times and not had a response from them.

[Carryon Regardless]

I would be inclined to think the worst is over, and you've got away more easily than many others.

You and the A can state when the letter arrived so no real argument on when 'Her' notice was served, when She left is Her concern.

As said I would take the offensive. If you can find where to send letters to there, otherwise they go to the last known address, in theory she will have organised for them to be forwarded

In truth this is an attempt to keep her on the run, it 'aint worth the effort to pursue for £350, even if there is chance to recover - unless you have a correctly signed up G'tor.