Situation

[jerry993]

I need some serious advice.

I let my house to a company 3 months ago, they paid the deposit and a month rent in advance. Since then they have paid nothing !. The 3rd months rent was due yesterday and no show.

The guy keeps telling me its left his account and all sorts of bollocks, 2 cheques have been returned.

I Let it through an agent and they should be managing it.

My options are

Send a few guys around
Engage a solicitor which is expensive
let the agent persue it

the first would be more pleasureable but maybe not the smartest what do you guys think

 

[Supabird1100]

The agent is presumably on a commission....so let them deal with it. Get the people who have rented your house to pay it direct to the agent, then the agent pays it to you.

Although a few guys paying a visit seems like a good idea, it wouldn't take the Flying Squad to work out who was behind it, would it ???? :} :}

 

[Bob Pinder]

Simple

Go visit the agent and give them 48 hours to sort their shit out.
If that fails then go visit the tenant............at 03.00 on a Sunday morning, you'll find them very receptive to you.
Sometimes it takes two visits to the tenant.......
Works a treat especially if they have a wife and kids bawling in the background...........
If all else fails give the tenannt 24 hours to vacate and be prepared to "help" them yourself, once they are out change all the locks.
Bet the council and utility companies are having trouble getting their money as well.........................
What makes you think I've been here before :dunno:
Good Luck!

 

[derek kelly]

Don't wish to put a dampener on things but my daughters partner is into property letting, he bought four terraced houses last march all with occupants only it turned out that one of the tennants had not paid anything since the previous October, but Ian was not to be put off by this as he thought all he had to do was give her a months eviction notice. Not so, this woman had two sons who took it in turns to make sure that the property was never left empty so Ian could not get to change the locks. He applied to the courts to get her out and you've guessed it she was a one parent family with two sons under the age of 16 so the Judge gave her four months to find somewhere, this meant another four months without rent for Ian, and when the four months were up had she found anywhere??? so Ian again went to the courts and the Judge gave her another four months to find somewhere. Three times it went to court and three times the same answer she eventually left suddenly just before christmas. Ian is not a violent person and at the beginning people were offering to sort it out for him but he did not want to resort to violence, however I can't say for sure how the tennants were persuaded to leave, but I think that the message is some people make a living out of exploiting the law and decent people. remember these people are parasites who do not give a toss about anyone except themselves so If someone offers to remove them for a couple of hundred quid....Think about it!!

 

[Nick Brett]

As a landlord, I have to put up with this stuff all the time. The agents will accept no responsibility for non paying tenants. As Derek says, these scum know the law better than most, dont even think about getting heavy with them, or sending anyone round, they will have the law on you so quick you wont know what day it is. And the courts will make you re-instate them as tenants. The only road you can take is the legal one unfortunately, which involves an eviction order which takes six months and then if you are lucky they wont trash the place. Sorry to be a bringer of bad news but the law is very firmly in their favour. Someone I know went to prison for ripping up his tenants floorboards, so to make it uninhabitable (not his first offence). Good luck mate, but tread very carefully. GO SEE A SOLICITOR.

 

[jerry993]

Even this afternoon he insists he has paid and will fax a reciept, I know this will not happen.

He has been very smart, playing me off against the agent, telling them he is talking to me and visa versa. He has not informed any of the utiities so the bills still come in my name. He told the agent that he read the meters so noone has the readings( I know I should have done it, but the agent told me he was doing it.......)

he has 5 staff in there, not himself. I have done a few checks on the company and it does not exist is in not a ltd company. I live close to it so can keep an eye on whats happening.

The problem is the house is of high value and high spec so my potential loss is big. I was out of work last year and spent most of the time working on that house.

I spoke to a solicitor yesterday, she says its 130 quid an hour maybe 3k in costs if it goes to court and a min of 2-3 months to get them out.

This means that I am 10k down on Mortgage payments and whatever damage they do to the house and property.

I thought company lets were safe and the agent was supposed to vet them properly.

I am pissed.

 

[Supabird1100]

In light of the above information I have reviewed my earlier advice.......send the boys round.

I don't know about taking the tenant to court, it sounds like you should sue the agent....useless tosser.

 

[Nick Brett]

Jerry. Forget the agents for the time being. Just concentrate on getting the tenants out. It is a tedious, long winded, expensive procedure. When they do leave, if you feel you have a case of negligence against the agents you can try the courts again. Small claims court is inexpensive. When you re-let, be very selective and make sure they have a short term lease and if they miss just one payment, start proceedings to get them. They never catch up.

 

[ianrobbo1]

Ive been reading this with interest, if ive got this right, the tenant is a ltd company, trouble is it doesnt exist, therefore there is no legal agreement with the tenant?? sorry if Ive gotten it wrong, although "sending the boys round" is not the best idea, but an illegal squatter leaving the premisis empty when he goes "shopping" etc, has no return rights if someone With entry rights goes in and changes the locks :dunno:

 

[tootyfluti]

Neighbour of mine lets houses and has no trouble with getting tenants out. 1st time they miss a payment he gives them 7 days, if they`ve still not paid he takes his friends and brothers round and "helps" them move out. The way he sees it is they`ve breached the agreement anyway.
Depends on how reasonable you feel I guess.

 

[R2B2]

I would say... send the boys round.

Sounds drastic and consequential, but I've been in this situation and I went through the courts. That was a terrible mistake which cost me my home and my then current job. I was not a "commercial" landlord, but rented my house out to be able to go up country to do some training following redundancy. It took the legal system 19 months to get them out and I lost the house as a result. I would NEVER trust the court again.

Read a brief summary of my experience on this thread (link below). My reply is the fifth one down.

Send the boys round. It's much cheaper and it's certainly fooking quicker! Once you start the nightmare legal proccess there are more restrictions etc placed on you - from day one - than there is placed on the tenants. The court will actually assist them (indirectly) to remain in your property longer... and you become the bad boy. So you might as well..... well, you do as you please. I know what I would do next time....

Sorry to paint this disappointing picture.

http://www.bikersoracle.com/blackbird/forum/showthread.php?t=9395

 

[Supabird1100]

Christ, Rob !!!! ....I must have missed that one first time around. Why oh why is the legal system geared up to protect these scum-bags ????

So effectively you paid for a house for 17 years and walked away with nothing ???? Bloody disgusting.

 

[R2B2]

Shocking ain't it Steve!!

A couple of years of depression followed as I tried to start again with nothing. I still have trouble dealing with it sometimes when I start thinking about it... I don't think it'll ever go away to be honest.

I get so angry for other people when I see it potentially happening again. Regard myself as a bit well versed in the subject now as I had to read all the leaflets and help notices issued by the courts just to try to make some sense of it all, as we went along.

I never did get the money despite paying lots more in court fees trying. My solicitor registered me with the Ashford County Court as representing myself so that I could continue the fight to get some money back from them (the tenants) without continuing to raise a bill with him. He still gives me a bit of free verbal advice over the phone when I get stuck with legal procedures etc, but basically, I'm banging my head against the wall with the courts. They just can't force an incalcitrant debtor to pay if he keeps changing his circumstances (which he does). Fooking courts.

 

[Crozzers]

I work in housing for the local council, and although im not directly involved with private lettings, i deal with this kind of thing all the time.
Illegal squatters have more rights than the landlord himself in the courts eyes, and you don`t stand a chance legally. I suggest you keep a close eye on him, wait till he goes out, and change the locks. Its the only way you`ll regain possession quickly. :yo:

 

[Geoff Clement]

Jerry,Be very carefull.

I have experienced this myself , i built a house in the recession and couldnt sell it so i thought i would let it, it turned out to be the worst thing i could have done, i let it to two very likeable but complete cons that had 50k of CCJ behind them, My advice is take a deep breath and dont let it get to you like it got to me, i used to wake up at two in the morning in sweats over it, i too lost money , i too wanted to use strong arm tactics , on one occasion i went to see the guy and waited for him to get home and grabbed hold of him by his collar and threatend him, he went straight to the old bill and reported it, which came up later in court, and whatever you do or say will probably be used as sympathy evidence when you go to court, i learnt a hell of a lot about landlord and tenancy law, and as has already been said here , the law is heavily in favour of the tenant. if you gave a shorthold tenancy agreement at the same time you should have given a reposession order giving notice of repossession at the end of the agreement or if the agreement has been breeched, i,e. non payment this saves time in getting from the court an eviction order. Also do a CCJ check on the tenents, it used to cost about ?5. somewhere in London, i did and exposed all his CCJs and his partners CCJs, BE VERY CAREFULL OF WHAT YOU DO because if you kick them out the law says that you will have to pay hotel bills and you can also be forced to sell the property and they can lay claim to a large portion of its value, it is the most stressfull situation i have ever been in and it ruined my health for many months, i actually arranged to have the guy done over but a court date made me cancel, in hindsite it would have made things worse, i could have been nicked and possibly sent away, and they would still be in my home. i am sure that there are people that could frighten them out but do it away from the place they are renting and dont allow yourself to be intimated. also buy a law book and gen up on it, it saves lots of solicitors fees, I got my revenge in the end when i got the eviction order , i broke in and chucked out everything in the house . clothes out the window the lot, when he turned up he was so f*cking arrogant that i gave him a right good hiding , i of course checked my rights with the Police and told them i was taking possession, i had two police cars, six cops and a superintendent attend cos the woman tenant phoned up the Police, (they try everything,) But the Police were on my side , Justice at last. All the very best of luck to you , its something i will never forget and a very hard lesson to take, but it will come to an end, so dont let it get to you.

 

[RHINO]

I'm NO HELP

But........if it were my place NOBODY would take the piss like that.

Nothing stopping YOU becoming the squatter with a few BIG mates.........
Who'd wanna share a house under those circs.

 

[R2B2]

Yeah... I agree.

Apparently the fine is about ?500 for unlawful repossession for a first offence. I would GLADLY pay that given the grief and stress I endured in order to "do it correctly".

No contest. Do it... and pay the fine. Sorted in a few days and you get yer place back.

I would gladly be one of your "mates".... for free.

 

[RHINO]

Yeah... I agree.

Apparently the fine is about ?500 for unlawful repossession for a first offence. I would GLADLY pay that given the grief and stress I endured in order to "do it correctly".

No contest. Do it... and pay the fine. Sorted in a few days and you get yer place back.

I would gladly be one of your "mates".... for free.

Put me down as one of them too, i'll come down and take part in a sleep over,,get some beers in.............
I'll send them some of my socks in the post, they'll never wanna stay near them. uke:

 

[Nick Brett]

There has been a lot of bravado banded about here, but in the eyes of the law this arsehole has a tenancy agreement and any attempt to gain entry to the property is unlawful. You cannot squat in an occupied property, it is classed as unlawful entry, or breaking and entry. Believe me if this guy knows his rights (and he will), you cannot win with this course of action. It will take longer to evict him and cost you a damn sight more in legal fees and fines. As unfair as it seems the legal course is the only way.

 

[Geoff Clement]

Got to agree with you nick, to all the other warriors i say this, its easy when you have nothing to lose to take your proposed action, it wont be you guys hauled up into court, A ?500 fine is bollocks , read the law and you will see that if its implemented correctly they can force you to sell the house and provide hotel accomodation even if you chuck the bastard out, these scumbags know the law and every angle too, they prey on decent people and until the law changes there is little you can do except be patient. i was not prepared to risk my liberty or my family life just to get five minutes satisfaction, cos thats about all you would get before you had a pair of bracelets on. Every dog has its day , with tenacity Jerry will get his.