Gidney&Knowlesy

Have a customer that has not paid their rent for 3 months; legally what action can be taken?

OllyK

Depends on their reasons, if they are witholding rent because something is not working such as hot water etc then not much. If they just don't have the money, why have you let it go so long? Are they likely to pay? If not start eviction proceedings as soon as, but be prepared for it to take a long time and be a big hassle.

marky1

Just turf them out. completely illegal but much cheaper and if they haven't paid the rent they are unlikely to have the money to sue you. I've done it before. Just go in, change the locks and make sure you put all their possesions somewhere safe where they can retrieve them from.

Deep Singh

Hiya Knowsly, what type of property ie commercial or res? If Res is it on an AST type contract?

OllyK

Doesn't need to go that far - a call to the police would be sufficient as you have broken the law. Tennant would be allowd back in, you would be in deep trouble and would have even more trouble getting them out afterwards

marky1

Not sure the police would do anyting. It's a civil matter aint it?

OllyK

I think the non payment of the rent is a civil matter, but until that has been resolved and or the tennant has been served with an eviction notice the still have the right to reside in that property and you are obstructing them from doing it. If somebody came round to your house and changed all the locks and took your stuff away I would hope the police would get you back in and take action against the person that did it, the same applied for them

what would scooby do

Insurance+petrol=clean break

lightning101

I think you'll find that if its a buy to let mortgage - the bank own the property not you or the sitting tenants. - So serve an eviction notice then put a wall up over the front door when their out. This complies with mortgage of not altering the permanant structure of the property, and they can't knock the wall down because it belongs to you and the bank - and they would be arrested for criminal damage. House empty while in jail/custody - 30 day notice period over house is yours again.

If this works - please inform all us "buy to letters" because in theory its legal - only fire safety is a problem - "Oh what the hell"