Jump to content
Sign in to follow this  
trophyshy

non paying tenants

Recommended Posts

My hoose in Whitley Bay has tenants that after 8 months have decided they don;t want to pay the rent any more, nor communicate with my agents (who are also shite at communicating with me)

 

Has anyone got any sound advice? I believe I can hoy them out using a section 8 after 2 months no payment, anyone know how long this process takes?

 

And I am not a multi property landlord millionaire, incidentally, I am renting a one bed flat in London and paying for this and my mortgage is killing me! gah!

Share this post


Link to post
Share on other sites

A mate of mine had a similar problem and had to go to court to get them out which took a couple of months, then after the court told her to get out she refused and he then had to go back to court again to get her forcibly evicted. It's a long and expensive enough process as far as I know.

 

Try and find out what they'll do to you if you change the locks and leave their stuff sitting outside.

Share this post


Link to post
Share on other sites

Pretty sure it can be done quickly if you stick to the legal process and do the correct things (don't ask me ;)), but I'm sure the law is always on the landlord's side. Spot hire a decent solicitor, it will save time and money in the long haul.

 

Make sure they absolutely no grievance (or correspondance/proof of) with which to have reason not to pay.

 

Budget for them trashing the place.

Share this post


Link to post
Share on other sites

Whats in the contract?

 

standard assured shorthold tenancy. says nout about what happens if they breach the contract.

 

Pretty sure it basically says you can evict them if they don't pay the rent. Kind of the point of the contract. Unless you've really been stitched up.

Share this post


Link to post
Share on other sites

I'm not a housing lawyer, but if you've got them on an AST then you'll not have any bother at all. You don't even need a breach of contract, you can just terminate on notice.

 

Check theyre not witholding rent from you on the basis that you're in breach of contract in some respect though.

Share this post


Link to post
Share on other sites

Assuming you want to play by the rules then here's my advice FWIW:

 

An assured shorthold tenancy should run for 6 months, and you should be requiring the tenants to sign a new contract at that point in time, thereby keeping the tenancy on an AST basis. If you haven't done this then you have effectively created a contractual assured tenancy by default (which gives the tenants slightly more rights in terms of occupancy of the property). You can still serve notice to quit, but if its a contractual assured tenancy, you're possibly looking at going through the courts to get an eviction, which could take a few months. Without knowing whether the tenants have any legitimate grievance against you, it's hard to say how straightforward any court case would be.

 

Are there any outstanding repairs on the property? I ask because tenants have a right to withhold rent payment only if there are outstanding repairs on the property which the landlord has neglected to deal with. In this instance, tenants are legally required to put money aside until repairs are completed and then pay any outstanding rent owed for the period. If there's repairs outstanding, the courts are mostly likely to side with the tenant - as case law dictates.

 

Clearly you're looking for a swift resolution to your problems so I hope this helps. ;)

Share this post


Link to post
Share on other sites

Assuming you want to play by the rules then here's my advice FWIW:

 

An assured shorthold tenancy should run for 6 months, and you should be requiring the tenants to sign a new contract at that point in time, thereby keeping the tenancy on an AST basis. If you haven't done this then you have effectively created a contractual assured tenancy by default (which gives the tenants slightly more rights in terms of occupancy of the property). You can still serve notice to quit, but if its a contractual assured tenancy, you're possibly looking at going through the courts to get an eviction, which could take a few months. Without knowing whether the tenants have any legitimate grievance against you, it's hard to say how straightforward any court case would be.

 

Are there any outstanding repairs on the property? I ask because tenants have a right to withhold rent payment only if there are outstanding repairs on the property which the landlord has neglected to deal with. In this instance, tenants are legally required to put money aside until repairs are completed and then pay any outstanding rent owed for the period. If there's repairs outstanding, the courts are mostly likely to side with the tenant - as case law dictates.

 

Clearly you're looking for a swift resolution to your problems so I hope this helps. ;)

 

 

Howay........I said that two posts ago! <_<

Share this post


Link to post
Share on other sites

turns out my feckless agents received payment 10 days ago and didn't realise, only about 6 phone calls, 5 emails and a couple of choice swear words caused them to investigate properly.

 

the advice re. AST expiring is interesting, 6 month contract expired so may need to investigate.

 

thanks to everyone for your efforts. ;)

Share this post


Link to post
Share on other sites

turns out my feckless agents received payment 10 days ago and didn't realise, only about 6 phone calls, 5 emails and a couple of choice swear words caused them to investigate properly.

 

the advice re. AST expiring is interesting, 6 month contract expired so may need to investigate.

 

thanks to everyone for your efforts. ;)

 

Basically you can get them out with one months notice should you wish to

Share this post


Link to post
Share on other sites

turns out my feckless agents received payment 10 days ago and didn't realise, only about 6 phone calls, 5 emails and a couple of choice swear words caused them to investigate properly.

 

the advice re. AST expiring is interesting, 6 month contract expired so may need to investigate.

 

thanks to everyone for your efforts. ;)

 

Basically you can get them out with one months notice should you wish to

 

 

Jesus......I mentioned about notice being completely independent of rent arrears as well!

 

People just choosing to ignore me tbf.

Share this post


Link to post
Share on other sites

My hoose in Whitley Bay has tenants that after 8 months have decided they don;t want to pay the rent any more, nor communicate with my agents (who are also shite at communicating with me)

 

Has anyone got any sound advice? I believe I can hoy them out using a section 8 after 2 months no payment, anyone know how long this process takes?

 

And I am not a multi property landlord millionaire, incidentally, I am renting a one bed flat in London and paying for this and my mortgage is killing me! gah!

 

 

I'm not a housing lawyer, but if you've got them on an AST then you'll not have any bother at all. You don't even need a breach of contract, you can just terminate on notice.

 

Check they're not witholding rent from you on the basis that you're in breach of contract in some respect though.

 

;)

Share this post


Link to post
Share on other sites

My hoose in Whitley Bay has tenants that after 8 months have decided they don;t want to pay the rent any more, nor communicate with my agents (who are also shite at communicating with me)

 

Has anyone got any sound advice? I believe I can hoy them out using a section 8 after 2 months no payment, anyone know how long this process takes?

 

And I am not a multi property landlord millionaire, incidentally, I am renting a one bed flat in London and paying for this and my mortgage is killing me! gah!

 

 

I'm not a housing lawyer, but if you've got them on an AST then you'll not have any bother at all. You don't even need a breach of contract, you can just terminate on notice.

 

Check they're not witholding rent from you on the basis that you're in breach of contract in some respect though.

 

<_<

 

;)

 

Cock-off, piss teeth!

Share this post


Link to post
Share on other sites

Breed em out.

 

or deliver notice that you're victing them in 24 hours, turn up with comedy "hardmen" and stand like a Mafioso as your "soldiers" lug boxes of their shit into the road.

Share this post


Link to post
Share on other sites

turns out my feckless agents received payment 10 days ago and didn't realise, only about 6 phone calls, 5 emails and a couple of choice swear words caused them to investigate properly.

 

the advice re. AST expiring is interesting, 6 month contract expired so may need to investigate.

 

thanks to everyone for your efforts. ;)

 

Basically you can get them out with one months notice should you wish to

 

 

Only if you've got a shorthold assured tenancy, fuckwit. <_<

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

Sign in to follow this  

Recent tweets

Toontastic Facebook

Donate to Toontastic

Keeping the lights on since... well ages ago
TT-Staff


×