UK Landlord Forum / Life

My Tenant moved in about 2 years ago and for the first year paid his rent via agreed Bank payments. Then all went down hill, part payments; chased him for payments; he hid away not answering telephone, text or emails. My Estate agent found the tenant and handled the agreement and Deposit/Bond thereafter the Landlord; ME continued to handle the tenancy and maintenance. 

The Estate agency proprietor has since gone to court for spending Deposits; I understand 5no deposits and given a Suspended Sentence.

My Tenant lost his deposit with her; he does not know where his Deposit/Bond is and has no inclination at all to pursue it; I told him that it will not cost him any legal fees or cost; the County Council; Citizens advice people will take her to court again as they did originally.

I have given him all relevant contacts and details for him to chase his deposit; even spoke to several Bond agencies for him to to assist him.  I finally caught up with him and told him not to hide away; "Talk to me and "I will help if I can", The Agreement was amended as such; he has taken numerous liberties with me although...... I agreed to let him pay a little additional extra each month to bring him upto date over 10 months; we are now back to square one; still owing hundreds of pounds in rent. He spends his money on other things and rent seems to be the last bill to pay. He signed another amended agreement and now he has not paid at all; telling me he has no money and he is ill.

So.....I as a Landlord who always does it by the book, Landlords Gas certificates, maintenance and has tried to do more than; as far as I am concerned, more than most other Landlords would do in the UK to help a tenant; for over a year now help him to pay his rent; and what does he do, hide away again, make excuses.

I have a Tenant who does not abide by his agreements, does not pay rent regularly, has no Bond, has no contents insurance and hides away and now is off work for maybe a month or more pending legal investigation into possible claims against others after being involved in an accident and not earning any income and I am now unsure whether he will have a job when he has sorted himself out.

What is the best course of action.

Quote from: misterman on January 14, 2014, 09:53:36 AM
I am a second now from writing him the riot act to kick him out

It's already been written, you just need to read it.

Is the tenant on an AST or Periodic?  Have you issued a section 21?  Have you secured his deposit?

Agreed short term.
A year ago he was given notice to vacate; two months notice due to non payment of rent and owing more than two months rent.
I never handled his bond; the Letting agent company found the tenant; draw up their agreement and took his bond; after the first month, then the Landlord; me took over as to date.

I can't see anything in what you say that contradicts the advice given on this site and elsewhere?

Ranting and venting your spleen are useful outlets, but apart from that is there anything you still don't know, in how to proceed?

My only advice, get on with it......

Thank you for your advice

Quote from: misterman on January 15, 2014, 10:35:13 AM
Thank you for your advice

For the benefit of others reading of this post, finally I made contact with this tenant, he now wants to pay rent via bank payment (this was never achieved as stated earlier) with a little extra to bring him up to date with his arrears; currently now £1,000; this will take him 100 months to pay off his current debt, which is totally unacceptable.

His revised and signed agreement earlier in December appears to mean nothing to him.

He still considers, from conversation with him, that his main priority is to send money back home to Europe and I have told him his first obligation in the UK when renting is to pay RENT first before any other costs and budget his income accordingly; As one of my previous tenants was told by the Circuit Judge; "MR  xxxx, when Rent is due, Rent must be paid above any other costs". he obviously cannot afford to rent the property and has never, it seems now had any job permanency; being an agency worker; I believe gives them no rights in employment with the employer but only with the agency under new legislation; is this correct? and therefore I believe he cannot afford to be in the UK especially as now he is on temporary work employment via an agency.

Any further comments would be appreciated as I am now in the process of planning how to remove him and recover all debts with minimum costs to myself. I will have to give him his statuary 2 months notice in writing and serve it upon him.

Q - Am I right in believing that because the Letting Agent took the Bond and handled the let for the first month as per agreement; the Landlord is not responsible for the tenant's Bond and is not liable to replace that Bond for the Tenant?

Q - Considering the Tenant's Bond is lost by the now out of business Letting Agency, I would expect the Tenant to pursue his Bond or replace it with the now current Landlord?

Q - Does anyone know of any Solicitors who offer a No Win, No Fee, scheme for Landlords; I have searched to no avail.

No win no fee!

You make me chuckle, sometimes with noise, chol!

I think you need to find out about the bond in your personal circumstance yourself. If the rent is not paid take steps to get rid of the tenant.

Frankly he is taking the piss, and you to all intense and purposes are letting him, act now, prove you mean it, if he then pays up, good.

The old give an inch take a mile is very true. Eastern Europeans have a different culture, one where you shouting and swearing at him to pay his rent or you'll get the heavies in, is more effective than threats of a no win no fee solicitors letter. Gross generalization, possibly bordering on racism I know, BUT fact is they are not used to nicey nicey legal righties, red tape and rule books.

Excellent Plumbers mind!

The buck stops with the landlord for the deposit unless the agent who has run off with it belonged to a professional body with client money protection insurance, so the first step would be to replace the deposit and then secure it in a scheme (probably the DPS as it is free). After doing this and serving the tenant with the necessary notices about the deposit you can then begin proceedings to remove them.

I have heard hundreds of times from tenants in arrears they will pay I bit extra to catch up .if they can't or won't pay the original rent 99% won't pay a top up .