Non paying tenants

Discussion in 'Finance, Property, Law' started by slick, Aug 16, 2012.

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  1. My brother rents out one of his properties, but for the last month or so the tenants haven`t paid any rent. My brother used a letting agent but from what I can gather, they have told him that he must recover the outstanding rent.
    Reading between the lines it seems as though the couple are edging for eviction so they can get social housing. They have approached the agent and asked for a cheaper property, the agent can find them somewhere cheaper, but told them that the outstanding rent owed my brother would immediately come out of their deposit on the new place, so they declined.
    Both of the couple are working full time, and they have a kid, so any menacing visits is probably out of the question.
    Just need some advice on whether the agency should be taking the steps necessary to recover rent/evict etc. or is it my brothers responsibility ?
     
  2. I would have thought when your brother signed up with the agency, he would have signed a contract that stated matters such as these. I suggest he finds his copy of the contract and a magnifying glass.
     
  3. Depends if the let was managed or not. If it's not you need to serve either a section 8 or 21 or both as 8 will not allow you to evict if they pay the arrears. He should serve the notices immediately and get a date in court as if they're not going to pay up it can take weeks to evict.Google is your friend as ever on how to serve these notices.
     
  4. Thanks very much for the replies, I`ll pass the information on to him. It`s the first time he`s used an agency for his properties, he thought they would deal with this sort of problem as he currently works long hours, sometimes out of the area. Previously he`s rented to people he knew, and if they missed a payment it was sorted personally so to speak.:threaten:
     
  5. Just got rid of the tenant from hell and not an awful lot of help from my agency, my advice to you is to read very carefully the agreement with the agency (hope they are a good one) and get rid soon as. I will never ever ever do anything other than fully managed from now on with a recommended letting agency. If you use the section 21 make sure it is done properly with registered post etc., photos of proof of posting if posting by hand with a date time stamp.

    Again as previously mentioned read the agreement with the letting agency, half managed/fully managed/rent only, a subtle difference who serves the eviction notices and who recovers the rent. Hope all works out OK?
     
  6. is it possible that if they are not paying the rent means they are now sqautting. which is now illegal. there plan will back fire if they are trying to get social housing as the council will say they made them selves homeless and therefore entitiled to nothing
     
  7. I don't mean to derail the thread (**** it, I do really) but what exactly do letting agencies do? It seems that the money they charge you isn't really equaled to the service you get at both ends, whether landlord or tenant. They don't offer any real legal protection or insurance as far as I can see either. It's like they're trying to get money just for the sake of it in many instances.

    The house me and my missus now rent was rented by a friend of ours previously. We had a private landlord at our old flat. He was explaining to us that he once got a letter through the door from the letting agency (slater hogg or some such) and it said that his tenancy agreement had expired and he was supposed to sign a new one and when he did could he pop the £85 he owed them for the trouble onto a cheque and into the envelope with it. Eighty five quid is mental to renew a letting contract as a tenant.

    He got onto the landlady who got onto the phone to them and sorted it. When we took on the place we met the landlady personally and she asked if we would take it privately with her rather than through a letting company as she has had nothing but bother with them and finds that she's generally paying them for nothing most of the time. The only service being that they show people around houses and run credit checks.