3 years ago | 37 comments
Hello, We have an awkward freeloader who’s stopped paying. If it takes 6-12 months to evict him we will have a lot of unpaid rent (Yes, we can sue, but CCJ’s may go nowhere with a “paper” debtor), plus legal/court fees, plus whatever state he leaves our property in.
It might be worth considering paying him to just go.
Has anyone got experience of having done that?
What are the rights and wrongs, the pros and cons, how do we arrive at a sum, and how might it work – we can’t pay till he’s physically out, would it be a transaction between solicitors?
If he stands to “gain” by a long rent free period I guess it would be a few £thousand.
It sticks in the craw but it’s got to be worth considering.
Thank you,
Grahame
Every day, landlords who want to influence policy and share real-world experience add their voice here. Your perspective helps keep the debate balanced.
Not a member yet? Join In Seconds
Login with
Previous Article
Inventories provide landlords with a 'last line of defence'
3 years ago | 37 comments
3 years ago | 10 comments
3 years ago | 12 comments
Sorry. You must be logged in to view this form.
Member Since January 2020 - Comments: 559
11:25 AM, 17th November 2022, About 3 years ago
Sorry but can’t agree (fully) with Smiffy. Money often solves lots of problems for people. You do need to be sensitive about how it’s raised and what you say, but there are ways to do it.
I have acted for household name companies in advising on resi tenancies and I can tell you that deals are done. It is vital, though, that any agreement reached is documented so as to avoid allegations of eviction or harrassment.
Most people do not default deliberately and are the victims of circumstance; they therefore do not wish to create problems for others and do not wish to endure the stress of proceedings and CCJs.
Member Since November 2016 - Comments: 2
11:45 AM, 17th November 2022, About 3 years ago
hi. just paid a tenant to leave this week. long story short. told a benefit tenant i was going to give them notice to leave but would be happy to sell with them staying. they informed me they were thinking of leaving anyway. i issued notice. next thing i know housing benefit had been cancelled and couldnt reach them by phone. 2 months pass and i get benefit paid direct to me. start legal proceedings but offer by text a cash incentive to leave which was less than the cost of legals and considerally quicker. they said yes and moved out yesterday. they had lived there since 2007 and had not looked after the place but i did insist they took all rubbish and tidy up as best they can. if i had gone to court to evict im sure they would have left all their unwanted rubbish and furniture for me to clean up. offering a cash incentive very much keeps you in control and they do answer calls and texts when you call them. as much as it does annoy me to pay money to a bad tenant, i think of it this way. i have over 100k tied up in this house. it cost me a couple of grand to sort out tenant and the house will be on the market by next week. if i had gone through the courts i might still be here this time next year with the matter still not resolved. imagine the possible damage to my mental health as well. last word of advice on this is always remember we are business people first. dont get hung up about the tenant getting one over you. life throws you lemons. deal with them. this has worked out brilliantly for me .
Member Since September 2015 - Comments: 71
12:27 PM, 17th November 2022, About 3 years ago
Reply to the comment left by Ross Tulloch at 17/11/2022 – 11:07
I quite agree with you.
Member Since September 2015 - Comments: 71
12:29 PM, 17th November 2022, About 3 years ago
Reply to the comment left by Chris @ Possession Friend at 16/11/2022 – 17:07
Having read it and had a few sweats lol.
That’s why I don’t have HMO’s.
Member Since September 2015 - Comments: 71
12:32 PM, 17th November 2022, About 3 years ago
Reply to the comment left by Smiffy at 17/11/2022 – 10:41
You’re entitled to an opinion but not to give people instructions.
It’s nothing to do with being professional it’s about practicality.
I agree pay them off and move forward.
Member Since September 2015 - Comments: 71
12:32 PM, 17th November 2022, About 3 years ago
Reply to the comment left by Smiffy at 17/11/2022 – 10:41
You’re entitled to an opinion but not to give people instructions.
It’s nothing to do with being professional it’s about practicality.
I agree pay them off and move forward.
Member Since September 2015 - Comments: 71
12:33 PM, 17th November 2022, About 3 years ago
Reply to the comment left by Smiffy at 17/11/2022 – 10:41
You’re entitled to an opinion but not to give people instructions.
It’s nothing to do with being professional it’s about practicality.
Member Since December 2021 - Comments: 161
12:52 PM, 17th November 2022, About 3 years ago
So, was I the only person to read
“We have an awkward freeloader who’s stopped paying”
in the initial post?
Member Since September 2015 - Comments: 71
2:13 PM, 17th November 2022, About 3 years ago
Reply to the comment left by Smiffy at 17/11/2022 – 10:41
You are entitled to an opinion but not to give instructions.
Your advise about “Theft” I have Eno idea where that came from as to commit theft there is a requirement to have Mens Rea (dishonesty).
There would be no dishonesty in this case.
There is also nothing unprofessional as it is an individuals decision.
May I wit all due respect suggest that you lay off the keyboard for a bit.
Member Since September 2015 - Comments: 71
2:13 PM, 17th November 2022, About 3 years ago
Reply to the comment left by Smiffy at 17/11/2022 – 10:41
Your advise about “Theft” I have Eno idea where that came from as to commit theft there is a requirement to have Mens Rea (dishonesty).
There would be no dishonesty in this case.