Chances of getting rent from a Tier 2 long term staff migrant?

by Readers Question

9:28 AM, 30th June 2017
About A year ago

Chances of getting rent from a Tier 2 long term staff migrant?

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Chances of getting rent from a Tier 2 long term staff migrant?

I have a tenant in an HMO who, after 6 weeks of his 6 month contract has said his company is moving him. As such, he has said he will leave in 3 weeks and only pay then. As the area is now quite hard to find tenants in (and as I had more than a month void before finding him and the previous tenant had skipped his rent before that, I’m obviously less than happy).

While he has not left and I have started advertising the room. I have made clear to him that the sooner I can rent it, the better for him as it will release him from further costs, however, he is not helping in getting the room rented (always messy etc) and I believe he thinks he can just walk away.

However, he is a Tier 2 long term staff migrant sub-contracted to a UK company. He will be moving to a new role within the UK, but its unknown where or to what sub-contracted company.

I have his NI number (I’m trusting what he gave me is real) but even if I can trace where he is, what are my chances of being able to take legal action (normally I would use Money Claim Online). Or is there something regarding his visa I can follow up on (or threaten him with).

While I am happy to negotiate, he is not willing so I feel more than justified to use every avenue to make him responsible up until the end of his contract or I find a new tenant.

Many thanks

Rebecca



Comments

Neil Patterson

9:33 AM, 30th June 2017
About A year ago

Hi Rebecca,

It sounds like you are caught in a cycle of a room that is hard to rent and having to find a tenant without necessarily passing all the reference checks or using rent guarantee insurance.

While the tenant is still there and you know where he is it may be worth contacting the Sheriffs Office for their professional advice before you have the issue.

Please see >> https://www.property118.com/free-guide-enforcing-judgements/70013/

david porter

10:36 AM, 30th June 2017
About A year ago

Beware good money after bad.
Take the rent you can from him and have him relinquish the lease.
The start again.
Good luck

Mandy Thomson

11:27 AM, 30th June 2017
About A year ago

Hi Rebecca

My understanding is only skilled people under sponsorship with a licensed sponsor can qualify for a Tier 2 visa, so unless the tenant returns to his native country, you should be able to get an attachment of earnings order if you're forced to sue. To track down any errant former tenant in the UK, most tracing services are relatively inexpensive and effective. A tip is to wait some months for the tenant to stop lying low and start setting down routes again.

In your case, it might be worth contacting the tenant's employer. Although the rental agreement has nothing to do with them directly, a responsible employer should be prepared to meet their employee's rehousing costs if they are being compulsorily transferred; therefore, if the tenant is telling the truth, the employer should be prepared to pay the rent until a replacement tenant is found plus your tenant finding costs.

If your property attracts a lot of tenants who are seeking temporary accommodation to take up employment with established employers in the area, in future, it might be better to set up common law tenancies with the employer as your tenant, and they in turn would sublet the rooms to their employees as licensees.

RebeccaH

16:41 PM, 30th June 2017
About A year ago

Reply to the comment left by "Neil Patterson" at "30/06/2017 - 09:33":

Thanks Neil...I'll try that.

I've never needed the rent guarantee before as I vet quite extensively and am always confident of affordability (most of my tenants at this property have income 3-4+ income times rent). So this last few months, with one tenant doing a runner and this tenant have been a bit of a side-swipe (and particularly annoying as I understand he gets a hotel-level allowance from his employer but seems to be tryng to cash in with a cheaper, long-term rental agreement that he had no intention of honouring) . I will look further in to the common-law tenancies - thanks for the suggestion. I understand from others that this particular employer does not do any type of coporate lets in the town (Swindon) though I have had several of their staff as tenants, but it is certainly an avenue to pursue...as well as contacting them directly in this instance.

I do offer shorter tenancies at a 10% surcharge (to cover the fact that I can't sign anyone up until I know the last tenant has left in case the incumbant decides to stay for their full 6 month entitlement) and that has been useful in the past, though this tenant said he didn't need that when it was mentioned to him.

It may be that the 'threat' of contacting his employer will help him focus, though I'd still be grateful for anyones input on visas - specifically if there is somewhere to report an issue that would have consequences such as not being able to extend their stay.

Mandy Thomson

9:29 AM, 1st July 2017
About A year ago

Reply to the comment left by "Rebecca Hilliard" at "30/06/2017 - 16:41":

I found a Home Office leaflet https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/606182/Tier_2_Policy_Guidance_04_17.pdf#page=68 - see A7. There is also a phone no 0300 123 4699


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