Tennant not paying rent
09 July 2007, 10:32 AM
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Tennant not paying rent
Bit of an ongoing problem really, as follows:
The tennant has been in the property six months on the 2nd June 2007, so is at the end of the initial six month period period. They telephoned me on the 9th June saying they would like to leave on the 9th July and prorata the last months rent. I said they could leave on the 9th July but would have to up to the 1st August as the tennancy agreement they signed says that the rent must be paid for full month. They then said they would want to leave on the 2nd July. I then informed them that it was too late to give a months notice. I don't think I am being unreasonable, just adhering to the tennancy agreement. They then agreed to stay in the property until the 1st August.
I then get a letter from them on the 18th July saying they are giving notice to leave the property on the 1st August but will not be paying the rent for the last month and can I take it out of the deposit.
I write back to them saying that the deposit cannot be used to pay the final months rent and that the rent must be paid by standing order as per the previous months. I have not herd from them since but the rent is now a week overdue. I am about the write to them pointing out the fact that the rent is now overdue.
A bit of advice really on the following questions:
1. As I understand it, as they have not paid the rent they are in breach of contract and I can retain all of their deposit.
2. As the rent has not been paid I can now charge them interest in accordance with the tennancy agreement, as well as the rent outstanding.
3. I can also include all my costs (i.e. I am self employed so for all time dealing with their non payment of rent I can charge them).
4. What is the likelyhood of me getting any money out of them if I take them to a Small Claims Court.
I have not got particularly heavy handed in my letters to them at the moment as they are still in my property and I don't want them to cause any damage.
They have signed as Assured Short Term Tennancy Agreement supplied by my letting agent.
The tennant has been in the property six months on the 2nd June 2007, so is at the end of the initial six month period period. They telephoned me on the 9th June saying they would like to leave on the 9th July and prorata the last months rent. I said they could leave on the 9th July but would have to up to the 1st August as the tennancy agreement they signed says that the rent must be paid for full month. They then said they would want to leave on the 2nd July. I then informed them that it was too late to give a months notice. I don't think I am being unreasonable, just adhering to the tennancy agreement. They then agreed to stay in the property until the 1st August.
I then get a letter from them on the 18th July saying they are giving notice to leave the property on the 1st August but will not be paying the rent for the last month and can I take it out of the deposit.
I write back to them saying that the deposit cannot be used to pay the final months rent and that the rent must be paid by standing order as per the previous months. I have not herd from them since but the rent is now a week overdue. I am about the write to them pointing out the fact that the rent is now overdue.
A bit of advice really on the following questions:
1. As I understand it, as they have not paid the rent they are in breach of contract and I can retain all of their deposit.
2. As the rent has not been paid I can now charge them interest in accordance with the tennancy agreement, as well as the rent outstanding.
3. I can also include all my costs (i.e. I am self employed so for all time dealing with their non payment of rent I can charge them).
4. What is the likelyhood of me getting any money out of them if I take them to a Small Claims Court.
I have not got particularly heavy handed in my letters to them at the moment as they are still in my property and I don't want them to cause any damage.
They have signed as Assured Short Term Tennancy Agreement supplied by my letting agent.
09 July 2007, 10:36 AM
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Not much help but my parents had a nightmare getting their tenants out - The bloke (with partner and kid) "lost" his job the day he moved in, the Council took over and my folks couldn't chuck them out until the Council found them somewhere else (and they were in no hurry) - My folks lost two months rent and the place was trashed.
Another case of pikeys having many more rights than tax paying citizens!
Another case of pikeys having many more rights than tax paying citizens!
09 July 2007, 10:45 AM
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Why is your letting agent not dealing with this now?
If you chase through the courts it could cost you a fortune and you are not guaranteed to win.
I would have no problem with the last months rent been taken from the deposit as long as on the handback day the inventory and the overall condition was good. Signed and agreed by both parties.
Atleast they are offering payment, alot of tenants just dont pay rent for the last 2 months and you have to accept it or chase and lose money.
I have had injunctions in the past against me going near our propertys by tenants.
I have had a bill for £13,000 for damages to one house. I got offered £5 per week through the courts as that was all they could afford!
I find being abit flexible makes the money aspect easier.
If you chase through the courts it could cost you a fortune and you are not guaranteed to win.
I would have no problem with the last months rent been taken from the deposit as long as on the handback day the inventory and the overall condition was good. Signed and agreed by both parties.
Atleast they are offering payment, alot of tenants just dont pay rent for the last 2 months and you have to accept it or chase and lose money.
I have had injunctions in the past against me going near our propertys by tenants.
I have had a bill for £13,000 for damages to one house. I got offered £5 per week through the courts as that was all they could afford!
I find being abit flexible makes the money aspect easier.
09 July 2007, 11:39 AM
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My letting agent only provides the introduction service. He has been very helpfull so far but I just wanted advice from elsewhere.
To be honest up until the tennant wanted to leave part way through the month I have had no problems with them. They even wrote to me to tell me that they had repaired the fence when it fell down during heavy winds.
I am treading fairly carefully at the moment so as not to wind them up, but have just pointed out to them the terms of the agreement they have signed up to. Surely if they have signed a legal agreement and they are blatantly in breach of it the court should side with me. They are also professionals (dentists).
To be honest up until the tennant wanted to leave part way through the month I have had no problems with them. They even wrote to me to tell me that they had repaired the fence when it fell down during heavy winds.
I am treading fairly carefully at the moment so as not to wind them up, but have just pointed out to them the terms of the agreement they have signed up to. Surely if they have signed a legal agreement and they are blatantly in breach of it the court should side with me. They are also professionals (dentists).
Last edited by Powerkiter; 09 July 2007 at 11:40 AM. Reason: Spelling
09 July 2007, 12:16 PM
#5
If they are dentists then they are downright stupid getting into any situation which might bring them to the attention of the GDC!!
Current average dental Gross income is a shade over £110 grand a year so it's not like they can't afford it LOL
Midlife.....
Current average dental Gross income is a shade over £110 grand a year so it's not like they can't afford it LOL
Midlife.....
09 July 2007, 12:21 PM
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Normal proceedure for renters though. Most don't get a deposit back anyway - biggest scam going is to make up a load of 'cleaning' charges that equal the deposit.
Sounds like they have been ok tenents though but perhaps you could have been a little more flexible with them for their leaving date. Sure you wouldn't like someone to force you to pay for 2 weeks of a house you aren't using and i guess they need the money for the new place.
I would be more inclined to work with people in the future, especially if they have been good tenents in the past rather than trying to force them into paying for a month they don't need or want.
Assuming they haven't done any damage (which they might now you've upset them) keeping the deposit shouldn't be an issue.
5t.
Sounds like they have been ok tenents though but perhaps you could have been a little more flexible with them for their leaving date. Sure you wouldn't like someone to force you to pay for 2 weeks of a house you aren't using and i guess they need the money for the new place.
I would be more inclined to work with people in the future, especially if they have been good tenents in the past rather than trying to force them into paying for a month they don't need or want.
Assuming they haven't done any damage (which they might now you've upset them) keeping the deposit shouldn't be an issue.
5t.
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