Should I contact the guarantor, prior to the eviction?
2 years ago | 24 comments
My tenants split up but husband staying – deposit issues?
1:12 AM, 17th May 2024, 2 years ago
13
Hello, Since 2017 I have rented a small 2 bedrooms terrace house with garden to a couple. They had 3 children in the last 5 and a half years.
The wife complained to me that the house was now too small. In nearly 7 years I increased a rent already below the market value, once.
Last November, she asked me to issue a section 21, because she had a child under one and winter was coming. I refused but told her we can discuss it next spring.
To be fair, I was quite annoyed that I had to get involved and go to court and lie about wanting my house back.
Now last week I learned from her mum that they had split up 2 months ago and she is with her 3 children in a kind of bedsit waiting to be rehoused, on domestic abuse grounds. He didn’t want any children and he coped quite well with 2 but she thought she would get rehoused quickly with the 3rd one which didn’t happen.
The husband told me he wants to stay to which she agreed.
Now for the TDS deposit, she is my main tenant so not sure what to do there.
Also I think it would be best for me to draw a new contract in his name only?
What are your thoughts? Any advice welcome.
Thank you,
F
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Member Since April 2023 - Comments: 176
8:35 AM, 6th February 2025, About 1 year ago
Reply to the comment left by GlanACC at 06/02/2025 – 08:04
Tenancy done through a letting agent. I have read that the husband (whose name is on the tenancy agreement) remains responsible for the rent because even if he’s handed in notice for him he hasn’t given vacant possession so is still responsible for the rent. There has been some discussion about him helping out the wife. Would it be wise to get in writing that he will still pay the rent and specify that if she remains it comes direct from him and not from the wife.
Member Since March 2023 - Comments: 1506
8:46 AM, 6th February 2025, About 1 year ago
Reply to the comment left by Slooky at 06/02/2025 – 08:35
Yes, he is liable for the rent until everyone leaves but theory is not practice. As he will have to find a place and pay rent I really don’t think that will last for long.
Call me a cynic if you like but practical experience has taught me that everyone will say anything to keep in a property. Having something in writing means nothing if they can’t pay.
If it comes to feeding the kids or paying your rent – who do you think will get the money. I even told one such tenant not to pay the council tax but to pay the rent instead, she decided to pay neither.
By agreeing to their terms you are already on the long slippery slope to becoming their social worker.
I would personally sell the property as BTL is a dead duck now (I have sold 12)
Member Since April 2023 - Comments: 176
8:52 AM, 6th February 2025, About 1 year ago
Reply to the comment left by GlanACC at 06/02/2025 – 08:46
Yes I agree. I said the same about the husband – how long before he decides to stop paying because it’s too expensive to pay for 2 places. I think the landlord in this scenario is waiting for more house growth to fund his retirement so he’s not ready to sell. The property is also in a prime affluent location regarding schools etc so tenants statistically speaking will be a safer bet!