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Help needed! Tenant consistently late paying rent

Started by sa8881, December 15, 2016, 03:14:04 PM

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sa8881

Hi,

I have a Tenant who consistently pays his rent late. Sometimes by just a day, which is not much of a problem, but a few times it's been almost two weeks. Each time it's without much explanation. In total it's been 8 times in the last 21 months. I'm fairly new to being a landlord so would other people see this as a major amount? In my head more than 5 times is an issue, but maybe compared to other peoples' experience it's not as bad.

Yesterday, on the evening when this month's rent is due he sends an email saying he won't be able to pay rent for another 5 days.

Also to add to this, last month there was an issue with the hot water tank and whilst I worked to the best of my ability to have it fixed quickly, the spare parts that had to be ordered from abroad meant the Tenant was out of hot water for a week. As a gesture of good will I offered to knock £100 off this month's rent. I want to now say that I'm going to revoke that offer, but that sounds petty.

It would be great to hear other people's advice on how best to handle this. I'm getting annoyed that this is becoming a persistent issue and want to stop this from happening more often. I have continuously requested that he set up a standing order so as to avoid late payment but he hasn't done so and ignores my requests.

Tenant is currently on a rolling contract (after an initial 6 months fixed term).

I also want to increase rent on the property and was planning on giving him notice about that this month, but now just waiting to figure out how best to respond to him about yet another late payment. Along with the increase in rent I want him to sign a new AST which has a clause in about late-payment fees (what are people's experience with this? Do they deter late payments?).

Is it worth asking for a guarantor at this stage?

Another part of me wants him out and just find new tenants, but this isn't exactly the best time of year! Would this be a Section 21 notice if I did go down that route?

Any help would be much appreciated! Thank you!

Anatok

Hi there

I can totally relate to how you are feeling about this and exactly the same thing happened with my last tenant.

The advice I would give you following my one is to get shot; it is a red flag for me that they do not give a jot about you and your rent; they may have money problems which may cause you big issues down the line.

Mine was only ever late by a few days to a couple of weeks but it turned out she had a very.... casual approach... to her debts. I'm still dealing with bailiff letters from different companies 8 months later. She left the property in a bit of a mess and turned out not to be a good tenant at all.

If I were you I would get shot at the end of the tenancy. Just my tuppence worth tho

A

sa8881

Hi Anatok,

Thank you so much for your reply. I'm glad you see it as a red flag. As this is my first property I'm still figuring out how lenient to be with the Tenant. It's as you say, the fact that they don't care which worries me the most.

I think I'll reply back to say I'm not happy with the fact it's going to be late this month then in the new year give notice to leave.

Just to follow on, as they're currently on a rolling monthly am I right that I should serve a Section 21 and give two month's notice?

Thanks!

1.618

If the tenant pays eventually every month, then what's the problem?

We've all had periods in our lives when money has been short, so cut the tenant some slack

Simon Pambin

It's about managing risk. In cash flow terms, a few days' delay is neither here nor there but it's the uncertainty of whether they're going to pay at all that's the problem. Yes, you can cut someone a bit of slack the first time, maybe even a few times, but eight times in less than two years and the tenant won't set up a standing order? That's got to be a bit of a red flag that the tenant doesn't regard honouring an agreement as a high priority.

You might try preparing a Section 21 anyway so that your tenant knows you're serious and giving him one more chance to set up a standing order. If he doesn't, then, all being well, he'll be out of your property late February/early March, which is a better time to be finding new tenants. I wouldn't go down the route of a new tenancy agreement as that'll just tie you in to another fixed period where you can't easily evict him.

heavykarma

Totally agree with Anatok and Simon Pambin.You have been very forebearing already.Very few landlords would volunteer to deduct £100 for just a week without hot water.No one minds cutting an otherwise good tenant some slack during a one-off bad patch,but this tenant of yours is probably just choosing to spend his money on other things rather than pay his rent as a priority.It does not auger well for the future,and in today's market you don't need to put up with the aggravation.Putting more terms in writing won't matter one jot to him,he is already disregarding his duties. 

sa8881

Thanks everyone for your replies!

Yep the main issue for me is the lack of setting up a standing order after repeated requests. I'm more than happy to cut people slack at the beginning, but as the issues becomes more of a bad habit, then yes, I'm glad others see this as a red flag.

I'm going to prepare a Section 21 notice and as you say, Simon, it shows that I'm serious and then it gives me enough time to start finding new tenants around the Feb/Mar time.

Thanks everyone for your time !