How to deal with tenant who hasn’t paid any rent?

How to deal with tenant who hasn’t paid any rent?

0:02 AM, 17th July 2024, About 5 months ago 25

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Hi, we had rented our 2 bedroom flat in London at the end of October 2023 through a estate agent. The agent did the referencing and the tenant passed. The agents collected the deposit from the tenant.

The tenant didn’t pay rent in November and somehow reclaimed his deposit through a bank chargeback.

Since then, he hasn’t paid any rent. We used solicitors and issued a Section 8 notice, went to court, and secured an eviction order. However, he didn’t show up to court or leave the property.

We have been informed by the building management that they are getting complaints of something dodgy happening in the property. He has not paid any council tax,utilities bill or any rent at all.

County bailiffs are due to attend the property on 1st of August.

Questions:

1)Is there anything the tenant can do now to stop eviction?

2)How was he able to charge back his deposit from the agents. Is the bank or agents responsible for this. What can we do about this?

3) Is there anyway or any chance of collecting the rent arrears bearing in mind that we have already incurred high solicitors fees thus far. Is it worth trying for debt collection?

We would appreciate any advice please.

Thank you,

Ruchi


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SteveFowkes

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9:34 AM, 17th July 2024, About 5 months ago

1. Never use a solicitor for eviction - fixed price eviction specialist always
2. Depends on the level of debt whether it's worth chasing and whether the tenant has assets/income
3. I have heard about bank charge backs, but no idea how it works
4. The tenant could in theory appeal, but it's probably now unlikely now it's gone to bailiffs
5. Never use section 8 - easy to wiggle out of Section 21 always ( whilst it's still around)
6. Tenant is responsible for ALL utilities until tenancy ends

Judith Wordsworth

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11:34 AM, 17th July 2024, About 5 months ago

1. No, but make sure you instruct a locksmith to meet the Bailiff at the property as the Bailiff cannot break the door down but would have to come back with a locksmith
2. Did the Agent not put the deposit on Protection immediately? Within the 30 days of receipt? The tenant likely put the payment into dispute and if didn’t hear from your agent within the timescale automatically refunded the payment to your tenants bank account
3.MCOL now as you know where the tenants live. Much harder to serve when you don’t and even to last known (your rental) address. But probably unlikely to get any money
How do you know tenants not paid utilities?
You, or your agent, informed the council in writing/by email/on councils web communication form of date tenant took residency? And the utility companies?

Fed Up Landlord

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15:49 PM, 17th July 2024, About 5 months ago

Welcome to the world of sh***ty tenants. Have been a LL 22 years and never heard of this chargeback malarky. The agent, if they took the deposit for you, and it was fully managed, should have protected it. If it was tenant find only then they would have passed it onto you to protect, albeit strictly speaking they should protect it, then ask you to set up your own DPS account, and transfer it to that.

It sounds like you used an agent to find a tenant and then self managed. November to August seems a long time to go from a missed rent payment to eviction- or it could just be the courts.

Next time you rent the property out, use a reputable letting agent, fully managed, and get rent insurance and legal expense guarantee. For a rent of £700 a month it's about £160 a year. More rent- more expensive premium. But you get rent and legals paid.

R

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18:32 PM, 17th July 2024, About 5 months ago

Reply to the comment left by Fed Up Landlord at 17/07/2024 - 15:49
Spot on!!!
It is really important to self educate ourselves as new latest regulations and few cowboy agents will always take advantage of innocent LLs (if lack of knowledge) This is 21st century, after covid there is huge surge in eviction and industry has changed drastically.
Until you are not self educated, anyone can take advantage of you and your investments.

Good Luck to OP..!!

havens havens

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21:27 PM, 17th July 2024, About 5 months ago

At this point, the tenant can't really stop being kicked out because the court already said they have to leave. You should talk to the letting agent about how to deal with the tenant getting their deposit back from the bank it's a serious problem. If you want to try to get the rent they owe, it might be worth it, but it depends on if it's worth the money and effort, so talk to your lawyer about it.

SQUEAKY WHEEL

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23:25 PM, 17th July 2024, About 5 months ago

As LL of 26 years, I have learnt alot along the way..I have an exceptional agency, that VET and double VET each tenant thoroughly!! THIS IS key!, I have fallen foul in the past when managed properties myself or put up with agencies that are just in it for an easy sum every month. I think as LL's we need exceptional agents that are on the ball! do your homework.
I found my agency when my daughter rented for a bit, on her leaving the property she was renting, the Agents were an absolute nightmare! Everything was checked double check and more ..etc etc, These are now the team that I employ!
As LLs you cannot now afford to get to a stage that a tenant hasn't paid the rent, As the horse has then, already bolted!

david boughton

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6:17 AM, 18th July 2024, About 5 months ago

This is the reason we are selling up ...buy small shops and let them out ..We have 5 ...no problem at all and different rules ...wish we had bought 20 of them ...

GlanACC

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7:46 AM, 18th July 2024, About 5 months ago

You can actually challenge the chargeback, you will need to contact your bank to do this. Many people have done a chargeback only for it to be reversed.

Paddy O'Dawes

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8:32 AM, 18th July 2024, About 5 months ago

Open question to the forum. Is this not criminal fraud? Appears there was no intent to ever pay etc including deposit. Also for the OP are you sure the referencing etc is legitimate in terms of the individual referenced is the same person who is tenanting the property.

GlanACC

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8:48 AM, 18th July 2024, About 5 months ago

Reply to the comment left by Paddy O'Dawes at 18/07/2024 - 08:32
Even if it is criminal fraud (IE. Tenant had no intention to pay anything) then you won't get anywhere trying to pursue that line of recovery as the police just won't do anything.

Presumably to pass the reference checks they must have had a job - do an attachment of earnings to recover monies owed.

If they didn't have a job how on earth did they pass referencing checks.

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