Guest Posted October 26, 2007 Share Posted October 26, 2007 (edited) I'm having to arrange a loan so that I can afford Christmas. Why? Because the tennants in my rental property haven't paid any rent for 2 months now! I served them with a 14 day notice that I will be starting court proceedings, I've taken legal advice and fingers crossed I've got everything right. I'm just a bit peeved that the law will take its sweet time before I can acutally get them out and it won't be before Christmas. Big shame as they were soo desperate to move in before Christmas last year and have all their family stay. Of course they may decide to do a bunk (which would be fine by me - I have an address for her parents to track her down for arrears) I have the neighbors ready to tell me if they are moving out. Thing is from what I can peice together they can't pay - I rented the house to the woman and her brother - equally responsible for the rent but he worked and she didn't. I now think the brother has moved out and she has moved her unemployed boyfriend in. In the long run I don't lose anything as this house is my pension fund - its just a terrible time to end up having to pay 2 mortgages. I don't spend a lot on Christmas presents but my finances are still reeling from my summer holidays! Oh the other day someone said I was heartless for wanting to evict them before Christmas. Yeah - I'm heartless I don't wnat these spongers living at my expense! Edited October 27, 2007 by Guest Quote Link to comment Share on other sites More sharing options...
Snowy Posted October 26, 2007 Share Posted October 26, 2007 I'm not surprised you are fuming, I would be too. And the timing is lousy. Poor you. ((Hugs)) Quote Link to comment Share on other sites More sharing options...
Guest Posted October 26, 2007 Share Posted October 26, 2007 Oh I forgot to mention they do not reply to any of my letters and have made no attempt to explain why they are not paying. I don't have a phone number for them and when Mum hand delivered a letter to them they wouldn't open the door to her. Next month the gas safety inspection is due, I'm not sure what the situation is if they don't respond as I legally have to get that check done to rent the property. Quote Link to comment Share on other sites More sharing options...
Egluntyne Posted October 26, 2007 Share Posted October 26, 2007 Throw them out and change the locks. Their problems are not your problems. Quote Link to comment Share on other sites More sharing options...
Geoid Posted October 26, 2007 Share Posted October 26, 2007 (edited) Throw them out and change the locks. Their problems are not your problems. I argree, if they don't pay, they can go! But then that would be unlawful eviction or something.... Edited October 26, 2007 by Guest Quote Link to comment Share on other sites More sharing options...
Guest Posted October 26, 2007 Share Posted October 26, 2007 I wish it were that simple Eglutine. I've served them 14 days notice then I have to start the court process - it will take 6 to 8 weeks to go to court. If I've filled in 1 thing wrong on the original notice it gets thrown out and I have to start again with notice. If all is OK then they will get another 14 days to go, and orders to pay and then if they don't go I can get bailiffs. Court processes are held up over christmas so it could be Easter. meantime the live rent free and I pay 2 mortages. The law sure is an ass Quote Link to comment Share on other sites More sharing options...
Couperwife Posted October 26, 2007 Share Posted October 26, 2007 Throw them out and change the locks. Their problems are not your problems. I totally agree, thats what I would do if you have an address for a family member, send all correspondence to them Quote Link to comment Share on other sites More sharing options...
Guest Posted October 26, 2007 Share Posted October 26, 2007 If I try and go in there and throw them out I will be arrested. Tennants have rights but they can't become squatters. They had a contract and they are in breach of it. Of course if they pay up within the 14 days then I can't take them to court and they can then not pay for another 2 months to start the process again. This can go on until the end of their contract which fortunately is in February. I could insist on inspecting the property and then they would have to talk to me but to be frank I do not want to talk to these people - I don't want conversations being twisted in court. Thing is they are not very bright and probably think they can ignore my letter and say they never got it as it was only sent 1st class. The law is on my side here - tenants will not sign for mail if they are in breach of contract so the law deems a certificate of postage as proof of reciept! If someone was really sneaky they could post somethign different - after all the post office don't check what the letter contains, then the court proceedings would be a surprise Quote Link to comment Share on other sites More sharing options...
Egluntyne Posted October 26, 2007 Share Posted October 26, 2007 If someone was really sneaky they could post somethign different - after all the post office don't check what the letter contains, then the court proceedings would be a surprise Put it in a pink envelope...they might think it is a birthday card! Quote Link to comment Share on other sites More sharing options...
Guest Posted October 26, 2007 Share Posted October 26, 2007 Actually I'm hoping they are like my ex and think if they ignore letters/bills and stuff them in a drawer without opening them that it will go away. I don't want them to pay now I want to get them out. I will chase them for the money later - after all its not like I'm losing the money this house is my pension. Its just the most annoying thing in the world to think that I'm working hard,paying all my bills and these parasites are living off me. Oh yeah she's a poor single parent who doesn't work but that's her choice not mine. I'm a single parent too and I work damned hard to make sure that I can have the things I want. Yeah I'm lucky to have a good job. No again I worked damned hard to get it. Quote Link to comment Share on other sites More sharing options...
Egluntyne Posted October 26, 2007 Share Posted October 26, 2007 Don't feel sorry for them...as you say, this is part of your income and is needed to provide for your son. You are a single parent too, so if it goes to court, she won't be able to use that as an excuse. Next time you have tenants, get a decent contract drawn up, insist on 2 references, follow them up and only accept payment by direct debit. A lot of faffiing about, but it might be easier in the long run. Quote Link to comment Share on other sites More sharing options...
feemcg Posted October 26, 2007 Share Posted October 26, 2007 I wouldn't let these idiots spoil my Christmas. Do what you need to do legally but try not to get preoccupied with the situation . As you say its not really about the rent, and the contract is only till Feb. We were going to rent out one of the houses but everyone that came to see it I was cringing at the thought of them living in our house - couldn't go through with it. Quote Link to comment Share on other sites More sharing options...
Lesley Posted October 27, 2007 Share Posted October 27, 2007 How annoying when you work so hard to provide for you and yours and then others think they deserve everything, without having to get off their backsides and work like the rest of us have to Like Fee says, don't let it spoil your Christmas. It looks to me as if they know the process will take time and they will use this to not pay anything, the contract will finish in February - and they'll just disappear Quote Link to comment Share on other sites More sharing options...
Guest Posted October 27, 2007 Share Posted October 27, 2007 Don't feel sorry for them...as you say, this is part of your income and is needed to provide for your son. You are a single parent too, so if it goes to court, she won't be able to use that as an excuse. Next time you have tenants, get a decent contract drawn up, insist on 2 references, follow them up and only accept payment by direct debit. A lot of faffiing about, but it might be easier in the long run. Thing is they did have good references, clean credit histories and a good credit score. The contract is as good as any - although the first one which the agent did wasn't as good. As for the rent they had a 2 month contract to start with which they paid IN ADVANCE then a six month contract which again they paid IN ADAVANCE as she had just sold a property. They wanted to go monthly after that and that's where the trouble started. There is nothing that should have been done differently, my Aunt said if I'd had an agent managing the property it would be less hassle but I can't see how, they still wouldn't be paying the rent and I'd be on the phone to the agent all the time asking what they were doing. They couldn't have issued a possesion order earlier than I did and tbh the original contract they drew up was not well worded regarding rent payment, if they hadn't paid 1 months rent following the expiry of the original conract I wouldn't be able to do a thing for a YEAR. Because they were paying in advance the agent put in the contract that rent was to be payable every six months in advance which would mean that 2 rents hadn't been unpaid for a year and you cant issue the possession order until the second payment has been missed. The agent should have left the contract saying rent was due monthly and then added an addendum to state that the first six months had be paid in advance. Quote Link to comment Share on other sites More sharing options...
Egluntyne Posted October 27, 2007 Share Posted October 27, 2007 I suppose you will just have to write it off to experience, and put the changes you want into the next contract. Can you withhold the bond when you finally get them out? Quote Link to comment Share on other sites More sharing options...
Guest Posted October 27, 2007 Share Posted October 27, 2007 They won't see any of the deposit until they have paid the arrears. Even then they definately won't see all of it. Now when I have been round there she keeps the place spotless -its cleaner than when I lived there! However I've already had to write to her about weeding the driveway which I understand has now been done but my lovely neighbor (they were the best people ever to live nextdoor to) said I would cry if I saw the mess of my lovely garden. So they definately get something taken off them for me to get the garden done - my gardeners are £90 for a day's work and its small enough for them to do in a day but I'm sure I can get them to invoice me for 3 days work , they can do the other 2 days here! Quote Link to comment Share on other sites More sharing options...
Egluntyne Posted October 27, 2007 Share Posted October 27, 2007 Deduct the interest you are having to pay on your loan too. Perfectly reasonable I would say. Co-incidently. ...THIS ARTICLE...was in last night's local rag. Quote Link to comment Share on other sites More sharing options...
Helen&Lee Posted October 27, 2007 Share Posted October 27, 2007 How awful for you. My husband rented his house out - and with tenants found it was a case of "some you win, some you lose" and credit referances etc made no difference. Don't feel bad about doing this before Christmas - there is never a good time, but thats because you are thinking with a conscience (sp?) whilst your tenants have no conscience at all otherwise they would be making every effort to pay you. Virtual hugs Helen Quote Link to comment Share on other sites More sharing options...
Guest Posted October 27, 2007 Share Posted October 27, 2007 Hey Eglutine that flat was in Fulwood - are you near there? My cousin is the Methodist minister in Fulwood http://www.hallammethodistsheffield.org.uk/is one of her churches Quote Link to comment Share on other sites More sharing options...
Egluntyne Posted October 27, 2007 Share Posted October 27, 2007 A 5 minute drive away!. Well I never! If ever you are visiting...... Quote Link to comment Share on other sites More sharing options...
Guest Posted October 27, 2007 Share Posted October 27, 2007 I am the only member of the family who has never been there. Every time she has an event it's in term time and its just too long a journey for me to put james through on sucessive days as I always have to be home Sunday night for school Monday. I'd love to come and go to one of her services, she is just 2 years older than me and quite funky - I've seen her do a wedding (her sisters) and she was fantastic. I will get there one holidays. Although she is my second cousin we are a very close family - we all grew up together and they always spend boxing day with us (although Sue does have trouble making it nowdays- she does a Christmas morning service in Sheffield then jumps in the car and heads back to Essex for Christmas with her family!) Oddly she has also had trouble with renting a property - the tennant has been perfect but the agent tried to rip her off - if she had gone to court it would have been the one time she was seen in her dog collar when she wasn't working! Quote Link to comment Share on other sites More sharing options...
Egluntyne Posted October 27, 2007 Share Posted October 27, 2007 It is a long drive...I can see why you don't want to do it two days running. How astonishing that someone would try to rip off a minister. I hope the agent got his cumuppance. Quote Link to comment Share on other sites More sharing options...
Guest Posted October 27, 2007 Share Posted October 27, 2007 he had to pay up in the end and lost her business. Silly thing is she didn't need an agent any more, the bloke who lives in her flat has lived there longer than she did and is a DHSS tenant as he is disabled. Agent was trying to say rent hadn't been paid which of course it had. Her tenant considers it his flat and keeps it lovely and its been so long now she doesn't consider it her home any more. She does of course live in a lovely huge house provided by the church! Quote Link to comment Share on other sites More sharing options...
Clash City Rocker Posted October 27, 2007 Share Posted October 27, 2007 Are you in the position of being able to go to the Gas/Electric/Water board and ask them to switch them off? Childish I know, but it might get them out quicker. Quote Link to comment Share on other sites More sharing options...
Egluntyne Posted October 27, 2007 Share Posted October 27, 2007 If the utility bill have been paid then there would be no grounds for switching them off, surely. The dispute between a landlord and tennant would not have any to do with the utility companies. Quote Link to comment Share on other sites More sharing options...
