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TODAY'S OTHER NEWS

COVID-19 ‘is not a green light to tenants everywhere to stop paying their rent’

The government is protecting renters from eviction as a result of enacting the Coronavirus Act 2020, ensuring that anyone struggling with rental payments due to the coronavirus can apply for a three-month payment holiday, but this does not mean that tenants should not pay rent for this period.

The rules are clear, rent payments must be maintained where possible, and landlords are urging the government to make this point clear.

A growing number of landlords are contacting the National Residential Landlords Association (NRLA) saying their tenants are under the impression they no longer have to pay rent as a result of the pandemic.

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The association is now calling on the government to clarify its guidance; that rents should continue to be paid where possible.

While the NRLA believes flexibility is necessary during these unprecedented times, it wants to see the government better publicise its guidance that tenants must still meet their legal and contractual obligations where they can - including paying rent.

The NRLA’s chief executive, Ben Beadle, commented: “The mortgage repayment holiday is only available for landlords who are struggling to make their payments because their tenants are unable to pay part or all of their rent as a direct result of the coronavirus and through no fault of their own. It is not an automatic payment holiday and landlords who successfully apply still have to make these payments later on. It is not a grant.

“What it does allow is that where a tenant is having genuine difficulty in meeting their rent payment because of a loss of income, landlords have much greater flexibility to agree a mutually acceptable plan with the tenant to defer the rent due.

“This is not a green light to tenants everywhere to stop paying their rent.”

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    Gosh! A sensible article!

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    Yes where a tenant takes the short term view it is a green light, but those that take advantage of the situation will find themselves sleeping in shop door ways next winter.

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    Nice, people who can't afford their rent and are struggling deserve to be homeless. Especially families with kids.

     
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    Think about how selfish you are all being. This a global pandemic. People are dieing every day. Families are being split apart. People are out of work, made redundant, financially screwed. Yet you guys who own several properties and rent them out (money for old rope) expect full rent when you get a mortgage holiday or already have more than enough money to be financially stable through this crisis. I am a tenant in the UK and a landlord in Spain of the property I own (which is on the market now). I DO NOT expect any rent from my tenant until he is able to go back to work/get money from the government/covid19 is over. And we don't expect backdated rent to be payed. This is common decency and should be STANDARD. His rent is reasonable as well most of the time €600 pcm Bill's included. Our rent here is £750 for a 2 bed flat (unreasonable but standard prices here) and our landlord still expects full rent when we are not getting a full wage. We have a child to feed, bills to pay etc (same as our landlord does). Luckily, we are financially stable so we don't have to worry. But just remember - not everyone is as rich or lucky as you. Some families are really struggling in these times. Stop being selfish and demanding from the government. A lot of people are in a much worse situation than you.

     
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    • 19 June 2020 00:33 AM

    Tough on them.

    If they have not paid, then they should have managed their finance and saving better.

    My tenants have already been told that any missed payments throughout this panic will result in a never-ending chase to get ALL the outstanding and any extra costs will result in courts and CCJ's for as long and costly as it takes.

    This is a business. Unilever do not give away 50% of their profits do they!!!!!!!!!!!!

    It is not any problem to me if they have dying family or a dose of Coroana. They owe me and I will go to the end to get every penny back.

    I don't care a sh*t about their problems,

    My business is all I have for my family. They come before anyone else. And I will never stop.

    And that is only fair. They do not care about me or my property.

    I am just reciprical to them and their behaviour. The get what they give.

    As Bomber Harris once warned, "They sowed the wind, and now they are going to reap the whirlwind"

    Couldn't have said it better myself.

     
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    What's the point in Clarifying the 3 months Holiday now, the damage is already done when they spouted out the wrong message first, that's taken by Tenants as Gospel, its already cost me £9600. this month needless to say also the Revenues cut of £4k as well. It was totally irresponsible also no stopping the Local Authorities going ahead with the one sided Licensing Schemes that only applies to one half of the community. Corona don't stop that but no problem for them closing all the dumps leaving rubbish build up.

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    Tenants receiving HB or universal credit that includes HB must pay their rent as long as they continue to receive these benefits

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    • 16 July 2020 16:55 PM

    And if they have received the HB via an illegal route or illegal claims to get the HB, then WE, as LLs, will get taken to court by the Housing Authority to pay it all back to the local authority. And there is NO getting out of that!

    Now how is that for fairness?????????????

     
  • Matthew Payne

    The rent holiday myth was media driven as the lobbyists planned and then misinterpreted as fact by many landlords, tenants and commentators as Shelter and others wanted who were sucked in by the headlines and didnt read the detail from source. Then misreported again and again, a modern day variation of cyclonic fake news.

  • Mark Wilson

    German government considers introducing no residential evictions before July 2021

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    I could be wrong here but I seem to remember reading somewhere that it is a criminal offence in Germany not to pay their rent.

     
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    • 07 April 2020 11:44 AM

    Pray tell please Govt where are LL supposed to find the resources to meet their monthly commitments if rent isn't paid.

    I know Govt can create money at the click of a mouse something I can't do.
    My only chance to resource such funding would be to have what would a botanical miracle in my garden.................................a money tree!!

    Sadly I have never come across one of these botanical miracles and am consequently left with no ability to meet my monthly commitments.
    Fortunately my occupants are paying their full rent but only because there are 4 of them sharing .
    Fortunately they are being paid but they might be redeployed to other countries if there remains insufficient work.
    They are all cabincrew and consequently not currently much for them to do!!

    They all have contracts to 2022 but if there is no work then they will be made redundant.
    Bad for them and certainly very bad for me!

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    • 07 April 2020 13:47 PM

    There should have been clear set guidelines for tenants and landlords and how best to deal with this. It was left that us as landlords have a 3 month free holiday on paying mortgages which is so wrong. The interest is accumulated and eventually has to be paid back. Some tenants understand, but others don't. We are helping and offering discounts best we can but some tenants think it's a great opportunity not to pay and not communicate.

    I fear this will be an extremely tough year and may take several years to properly recover from this!

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    Agreed, but many tenants take a short term view, those that take the 'P' will be on the streets next winter.

     
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    • T L
    • 07 April 2020 17:32 PM

    Do any LLs using this platform have insurance which covers rent arrears? Would like to know if you have tried to make a claim and what your experience has been. I have a very expensive policy but now find a number of restrictions which may make claiming difficult e. g. must seek repossession which goes against recent guidance issued by the Government. These insurance companies are happy to take your premiums but when it comes to claiming they make it almost impossible. Please share your comments thanks

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    • 07 April 2020 17:57 PM

    Generally you have 90 days to submit a claim from 1st rent default.
    The RGI policies facilitate this as they hope a claim won't be required and everything gets sorted.
    There are rumours going around that RGI companies are declining claims because of CV19.
    This is totally wrong.
    RGI is used for whenever a tenant defaults on rent.
    The reason is IRRELEVANT.
    To give you an idea as to the potential losses the RGI industry faces.
    For a £89 annual premium my RGI policy paid out £10000.
    It took 10 months to evict a rent defaulting tenant.
    Multiply that by the numbers of rent defaulting tenants who have RGI on them.

    Gonna cost the insurance industry £billions.
    No wonder they are trying to wriggle out of meeting claims!!
    I would imagine that RGI will effectively become unaffordable as the premiums will be so high commensurate with the new risk profiles exposed by the CV19 crisis.

    That will leave LL needing to self-insure.
    That will be easier if LL have less leverage.
    The new BTL LTV norm will be no more than 60%
    Perhaps not such a bad thing.
    It will mean those wishing to risk being a LL will need a lot more 'skin in the game'
    Many LL won't be able to become so unless they have very large cash deposits.

    It is inevitable that the PRS will massively shrink or should I say the leveraged PRS!
    Cash rich LL won't be affected
    Problem is there are simply insufficient cash rich LL to replace all the leveraged LL who sell up.
    So where will the homeless tenants live!!!??
    You will struggle to find affordable RGI.
    Best to only take on tenants guaranteed to be paid in any Govt lock down.
    That is a sort of free RGI if you will.
    Oh! Yes anyone on welfare will receive their full Govt welfare wage.
    I predict DSS tenants will be actively welcomed now especially the ones not required to actively seek work! !

     
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    Yes, I do. I did it for the legal cover that comes with it. I have only used it once. Once the tenant realised he was going to be handled by professional debt collectors and get a court record he vanished pdq. After excesses I only recovered about £200 so in itself hardly worth it but it rapidly achieved much more than my letting agent could achieve. There is another storey there. As is normal for these sorts of tenants the place was filthy beyond belief.

     
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    They talk about COVID-19 not being a green light for tenant to stop paying the Rent but certainly a red Light for Landlords to take a step back from supplying Private Sector Housing.

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    I have a newbie tenant who is now in rent arrears , he hasn’t made his 6th month rent payment. He is a well paid civil engineer he is a permanent employee, no kids etc . He asked a day before his rent was due ;to pay a month late , I explained the difficulty getting a mortgage holiday. He claimed he only got half his salary but later admitted to getting 80% BUT still hasn’t paid his rent not even a small contribution so I have told him I am considering activating the break clause to end the tenancy early. He will realise he’s been a fool for playing me as a fool when he had to to move his many possessions out of my lovely luxury flat sooner rather than later.

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    For the sake of £60 go money claim online and start a claim, ccj coming his way, credit history screwed no landlord will touch him, you may well not get your money, but revenge is sweet.

     
    Matthew Payne

    Might cost you 3 months rent though. If you havent done so already, I would email him all the govt guidance on the myth of rent holidays and mortgage holidays, their costs, and then detail the different permutations of how this could play out and how this might affect him. Worst case no home, poor credit rating, CCJ, poor reference etc. Best case, you find some liquidity and life goes back to normal. Good to document as a landlord, that you have been constructively informative before sending the heavies in, and I am finding that many tenants are then miraculously finding solutions to their cash flow problems when presented to them like this. There are very few tenants in my view who cannot afford to pay their rent the same month they get paid, even if it is at 80%. One email isn't a waste of time, especially when many tenants are just trying to be cute and take advantage, when to be fair there has been a lot of fake news that a lot of landlords have also been guilty of believing at first as well.

     
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    I've started a money claim, but I've been told that courts take a dim view of several partial claims on the same case. I can't get a full assessment of the cost until the tenant is out and I have my house back. I have no idea when that will be because it is held by some obscure pen-pusher.

     
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    • 07 April 2020 22:24 PM

    It seems the fecklessness of tenants has no limit.
    Can't believe this feckless engineer is trying to screw the LL for rent!
    What is it with tenants that they seem to inculcated with fecklessness!?

    Even supposedly upright citizens seem to believe it is open season to take the p out of LL!?
    Just don't get where this seemingly societal attitude comes from!?

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    But Paul you I and everyone else know that they are fools to themselves only long term

     
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    You sure do like the word, ‘feckless’, don’t you Paul?

     
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    @ Lee, ''feckless'' the word does sum up a certain element in society today quite well, would you not agree ?

     
  • Mark Wilson

    Paul do you really 'not get where this seemingly societal attitude comes from!? Housing is not accessible in the way that it use to be. Generation rent, Leasehold knowledge Partnership have a platform and a voice. Government cant deal with the popularism of the cause and doesn't want to inherit the problem so they pass it back to property owners be they Freeholders or Landlords. You want the reward then take the risk. don't like the odds, then get out the game. Its a matter of choice. Don't worry about the credit risk of others or the lack of housing as that's not what the grievance is about. Its about getting money from a commercial relationship.

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    • 07 April 2020 23:11 PM

    Sorry I totally disagree that housing isn't affordable anymore.
    I'd agree that it isn't in the SE.
    But there is no inherent right for GR to live where they want.
    Perhaps if the borders hadn't been flung open by dopey Blair to millions of EU migrants from the A8 countries then there would be plenty of properties available. ........................ ........even in the SE.

    But it is still incorrect propaganda that properties aren't affordable.
    Perhaps not in the heart of the SE.
    Reason for that is because all the A8 migrants flooded into the SE.
    No surprise therefore that prices have increased.
    Ironic really that GR supports MASS UNCONTROLLED IMMIGRATION yet it is this which has taken up many of the properties in the SE!
    But there are plenty of affordable properties in the UK.
    Just perhaps not where GR would like to be.
    Well that is just tough...........live where you can afford or choose to afford.
    As for attaining money from a commercial relationship that is just normal
    Going shopping is a commercial relationship.
    I don't resent a supermarket for supplying me with goods for money.
    Why so then is rental property resented as existing when tenants use the service!?

     
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    I’m a long term landlord. He is not a genuine hardship case. He is good example of a tenant taking advantage. I feel sorry for the many tenants who are genuine cases in need of rent breaks. In my experience it is better to get rid of unreliable tenants ASAP as they don’t tend to improve! Unfortunately being a landlord now is a mugs game, I plan to sell up before I retire! Not sure what will happen in the future when there’s no private landlords to the tenants who won’t be accepted by social sector or build to rent / Corporate Landlords.?

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    Take Andrew's advice. Get heavy with him right away and he'll pay up as he will still be able to afford it.

    However tell him to get out at a time that suits you - maybe not right now - but as soon you're confident of getting a new tenant with no void period. Make sure he knows exactly why you're doing this. Revenge is a dish best served cold.

     
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    I had a tenant who wanted to have a rent free period as he was waiting to move into a council house but none were available. So made it clear that no rent meant court action and eviction via the high court without delay and he would then have a problem being housed. Funny how he sorted it out in 10 minutes flat.
    As Andrew and Robert said - take very hard and immediate action, don't mess about talking just get on with it. Not only will he have trouble with many future landlords he may want to buy a car, get an overdraft and he will be screwed from all directions. Revenge is a dish …….

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    • 08 April 2020 18:36 PM

    This CV19 issue has highlighted how many tenants are feckless.
    LL should be mindful of this for the future and choose appropriate tenants accordingly.
    Personally I reckon those who have been able to achieve full wages they will be the Gold standard tenants.
    Most of them will be Govt or Council workers.
    Hospitality workers will be way down the list of acceptable tenants no matter how much they earn.

    There will be another situation along soon like CV19.
    LL need to ensure they are financially resilient for it.
    Having a Govt paid employee as a tenant is about as best as any LL can expect!!

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    Are you suggesting that we shouldn’t accept hospitality workers?

     
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    I wondered if anyone can provide any guidance on a spare room rental. I rent out a spare room on a Monday - Friday rental payable monthly in advance. The lodger has refused to pay her rent as she has been furloughed. The lodger stated she is not legally able to access the room due to the restrictions in place of not travelling and staying and working from home and therefore doesn't see a reason why she should pay for good and services that she can't use through no fault of her own I have offered that she can pay 50% and remainder over a period of months. She has got quite hostile and given me one weeks notice rather than the 4 weeks agreed. There is lots of guidance for tenants / landlords but not the Spare Room Scheme.

    Many thanks

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    Just let her go Rachel, you are well rid, you will have no problem re letting that spare room.

     
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    Hi newbie landlord here - we rent out our house which has a mortgage on it, and rent elsewhere due to work situation. Tenant in our house with mortgage is one of those who thinks now covid 19 means she doesn't have to pay. She is saying she can only afford £50 a week on a $1250 mthly rent. I have a rental management company, who I believe should be looking out for my interests as the customer, but seems to be completely concerned with the tenant - not my financial situation. If the tenant doesn't pay, I can't pay mortgage, or my rent! I understand we are in unprecendended times and we have to make an arrangement - but my question is - how is this tenant every going to make up the rent arrears if she cannot suddenly afford the rent (I know she is taking the P* a little as she has a partner not on lease living with her and she has money coming in). So now she only pays £250 a month of next 3 months - she will be £3000 in arrears. I have rental guarantee insurance, but agent said we can't claim that now as government has put 3 month hold on evictions. My opinion is that the tenant should submit a payment plan proposal on how she will intend to cover rent arrears in the future - management company just says, she is doing what she can, and I need to be sympathetic - I am in a worse position than the tenant!! Any advice?

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    Money claim on line for the monies due, tenant gets a CCJ , she might just wake up, do not put it off, do it now.

     
    Matthew Payne

    All you can do is negotiate at the moment if you want to get to an outcome where the tenant pays all or most of the rent, ie: educate them that this approach will backfire, as you may ask them to leave, take them to Court, and ultimately it will make it much harder for them to find anywhere else, get credit etc etc. Many tenants like are just clueless to the realities and it sounds like your agent cant be bothered. I know of quite a few cases where tenants have jumped on the rent holiday bandwagon, but also ones where a landlord who has then provided them with all the guidance available and constuctively spelled out to them the different scenarios that could play out, have then decided that paying their rent is probably the route of least pain in the medium term. You can go the guns blazing approach, section 21, MCOL etc but that gaurantees they will pay you nothing, and even then they may not move out.

     
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    • 09 April 2020 20:12 PM

    Yep all you need to do is make a claim on your RGI.
    Advise the tenant that if you submit the claim she will eventually be evicted no matter how long it takes.
    Also advise that if you submit a claim then even if she pays all her rent ardears it will ve too late.
    Eviction is the only redult that can occur unless of course she surrenders the tenancy which is highly unlikely
    Advise her that you will not be out of pocket as your RGI will pay any rent not paid by her until evicted.
    Advise her that the RGI company will come after her for the defaulted rent.
    She will NEVER again qualify for RGI which will make obtaining a tenancy that much more difficult.
    It is most likely that the RGI company will apply for a CCJ against her.
    Advise her that she is also in breach of her AST with having an illegal occupier.
    If she is on any sort of HB she will be committing fraud if not advising the DWP of an additional occupier.

    In short you have all the power.
    I did exactly as I have suggested to you and consequently received a full claim payout of £10000.
    It took 10 months to evict my rent defaulting tenant.

    I gave my rent defaulting tenant 85 days before I submitted my claim which was carried out under the S8 process.
    The RGI claim period was 90 days.
    During the 85 day period my rent defaulting tenant promised to pay the rent arrears.
    She never did.


    I was extremely generous in giving her 85 days to pay.
    She knew I would make a RGI claim and she would eventually have to go
    She disappeared well before the bailiffs carried out the eviction.

    It isn't worth waiting to see if your rent defaulting tenant will pay.

    She is obviously a p taker.
    Use your very effective RGI policy to evict her and damage her credit rating for at least 6 years.
    It is brilliant that you obtained RGI.
    Very wise and astute of you.
    Now use it to get rid of her UNLESS she pays the FULL CONTRACTUAL rent.
    Give her 2 weeks to achieve this or advise you will then submit the RGI claim.
    However BEFORE you submit the RGI claim contact the RGI company and enquire as to the requirements for a successful claim.

    You should be able to comply.
    If you can't then your RGI policy is pretty much useless.
    You would then need to consider other options though I can't see what you could do apart from obtaining possession yourself probably by using the S21 process.
    This will obviously take a lot longer now.

    If your RGI claim is successful it is IRRELEVANT how long it takes for the RGI company to evict.
    That is their problem!

     
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    • T L
    • 09 April 2020 19:30 PM

    Roslyn, I’m in a similar position. My tenants (one self employed) informed me that they could only pay 50% of the rent until the crisis is over and wouldn’t be able to pay any arrears. I explained that I am also effected by this crisis, have a mortgage and dependents to support. I also explained that my employment was not certain. I informed them that I understood their situation and wanted to help but not for an indefinite period i.e. the end of the crisis. I agreed to a 50% rent reduction for 3 months but on the basis that they agreed to repay the arrears through a repayment plan that we would discuss in June not now. If they didn’t agree I informed them that they would need to find alternative, affordable accommodation which would allow them to live within their means and avoid large rent arrears. They accepted these terms and we are now all focusing on what is most important which is staying healthy and avoid catching this virus. Come June if we are not able to reach an agreement on a repayment plan I will initiate Section 21 and claim the deposit to help cover arrears. I think this is as fair.

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    Hi, your story is exactly what has happened to my Mother. She relies on the income as well and the agency who deal with the letting are all for the tenant and have forgotten about the landlord. The tenant has been an absolute nightmare from day one. I know the arrears will not be paid back. This is hard times for everyone and I wouldn't want anyone to be kicked out.

    However I noticed you mention serving a Section 21 in June. Am I correct in thinking you have to give the tenant three months to vacate in the current situation. Can you clarify what the current legal position is on giving notice. Many thanks

     
    Matthew Payne

    Hi Helen, the notice period has simply changed from 2 to 3 months.

     
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    • 09 April 2020 22:37 PM

    S21 while it still exists is still the most effective method to get rid of a tenant for whatever reason.
    Yes it is now 3 months before a PO application may be made.
    Of course that presupposes a Court is open to administrate the application!!!??

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    • 09 April 2020 22:38 PM

    S21 while it still exists is still the most effective method to get rid of a tenant for whatever reason.
    Yes it is now 3 months before a PO application may be made.
    Of course that presupposes a Court is open to administrate the application!!!??

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    Thank you for your replies everyone, it is helpful knowing I am not alone and there seems to be more help here then the managing agent is capable of. A few more questions, because I am a newbie, I am not up to speed with all the acroynms - can someone give a break down of the most used ones. (anyone looking to fill some time, lols). and secondly, I am adamant that as I pay for the managing agent, they are meant to be looking after my interests first and foremost by law. Is that correct or just my assumption? Thank you again for everyones replies and support.

    Matthew Payne

    Hi Roslyn, email me at matthewpayne@aficionadopropertyconsultants.co.uk and I will send you a glossary of terms that covers all the jargon.

     
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    • T L
    • 10 April 2020 12:12 PM

    Your local management agency is dealing with hundreds of similar cases both tenants and LLs. They will not have time or resources to negotiate on your behalf. I negotiated with my tenants myself and then requested that my agent formalized what we agreed in a letter which emailed and delivered to the address by hand. This is about as much as you can expect.

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    • 10 April 2020 16:34 PM

    @ lee holland

    Yep absolutely I am suggesting LL avoid hospitality workers.
    Indeed I am suggesting that LL avoid anyone who wouldn't be paid their wages if a similar lockdown etc occurred.
    LL need to be resilient to feckless tenants.
    Any tenant who is financially viable should have at least 6 months of savings so they can get by.
    LL will be far more forensic as to the income etc that tenants have.
    I will wish to see savings account details as well as income.
    A tenant prospect with £6000 in savings and a decent stable wage will be far better than a flakey hospitality worker.
    People with flakey jobs will become the new DSS
    Nobody will want them.
    It will be NOTHING personal just business.

    LL need rent paying and NO excuses.

    This must inevitably lead them where at all possible on choosing tenants who are best able to manage in shutdowns etc.
    Hospitality workers are the first to go as they are not essential.

    LL will need to very carefully consider who they risk taking on in future as no rent for whatever reason could bankrupt a LL.
    Welcome to the new changed world for tenants!!

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    Nothing personal just business, like the garage that will not let you drive your car away until the bill has been paid in full, there is a heating company here in Norwich who will not service a boiler unless payment has been made before the engineer leaves their yard to do the job, there are so many people in all walks of life that think they do not have to pay the bill which has made us all hard, sad but true.

     
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    I honestly think that you are a terrible person and you give us all a bad name. Do you ever eat at restaurants? Do you think, ‘I appreciate their service but they are not good enough to live in one of my properties’? To be in a necessary but unstable job is not to be feckless. People have to do these jobs, perhaps you should all your Daily Mail ire at the employers.

     
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    • 10 April 2020 17:21 PM

    Yep it is a harsh old world out there.
    Banks have no sympathy for mortgaged LL.
    It is pay up or we will repossess your rental properties.
    Us LL have no choice but to pass on that banking attitude to tenants.

    Many unmortgaged LL rely on rental income for their income.
    It cannot be right that non-rent paying tenants force those LL into penury.

    The idea of forbearance is gone for LL.
    They need and require financially resilient tenants.
    There are few of those.
    The PRS will need to adjust to this new paradigm.

    The PRS simply cannot risk letting anymore to feckless tenants.
    Tenants need to consider carefully their lifestyles and ensure they become financially resilient so that they are an attractive proposition for LL to risk letting to.


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    I have a rent guarantee agreement with a letting agent where it states the letting agent will pay rent even if the property is empty, but know they have emailed me that the tenant living in my property who claims HB is not paying so the letting agent can’t pay my rent. I further contacted the tenant as I had to carry out some repair work and asked if they have paid rent. They stated that they have paid the rent to the letting agent so it’s clear how the letting agent is taking the rent money and not passing it on. Not sure what to do, is anyone is facing the same problem.

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    Maybe explain to the tenant rent is not being passed on and ask the tenant to pay you direct, there have been many cases of rouge agents pocketing the rent, are the agents a ltd company and about to go bust, sounds like it.

     
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    • 10 April 2020 17:36 PM

    Get rid of the LA for a start!
    Report the LA to Police for theft.
    Ensure you recover any deposit from the LA and protect it yourself.

    There will be lots of criminal LA stealing rents from LL.
    One reason why I would NEVER allow any LA I might use to have anything to do with rent or the deposit.
    LA simply CANNOT be trusted.

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    Is there a possibility that the Tenant is keeping the rent money for himself, rather than the LA stealing it. We do not use LA, but, been told one of our tenants is receiving Housing Benefit (through his assigned case officer) but we are not seeing a penny. Now owes us over £2,000! We have asked to be paid the rent directly, but, still waiting 2 weeks later .... whilst the tenant continues to relax in our house, occasionally leaving the sofa to go outside to smoke one of his cigarettes! We asked the case officer about getting our money back, he said he was not sure, but, we suspect we will NOT! We spoke to the Tenant about applying for a CCJ against him, he said he didn’t care and was not his problem!!!!!

     
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    Okay, I don’t think most landlords are understanding!

    Firstly, landlords with incomes more than £2500 a month and also £50k+ Year cannot go on the 80% government scheme. They are screwed. But would also like to say well done to them and what they have achieved.

    Secondly, the ones with a few house and claiming their profits (although majority of the time rental income profits are used to bring mortgages down and for some it’s to save and buy another house to get more income). As I was saying, claiming profits, doing self assessments etc. Total monthly income less than £2500 a month and less than £50k a year can claim 80% which in turn only makes them a 20% loss

    Example for mortgage payer landlords. If current mortgage ends 1st may 2025 and you take a 3 month holiday now, then your mortgage, with discussing with your mortgage provider, your mortgage will end 1st September 2025.

    So if you take the 3 month holiday, and still take rent off your tenants and also claim the self employment scheme, you are committing fraud!

    Not only did you profit from the tenant in those 3 months, you also got money from government and 1st may 2025, 1st June 2025, 1st August 2025 you also made money off your current or new tenant!

    Landlords I hope you understand and don’t scam your tenants unless they are idiots and leave your place in a dump and costs you have to put to put it right. If you have good tenants who are struggling, do not take advantage!

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    So another example:

    Not only did you collect full rent from tenant on
    1st may 2020
    1st June 2020
    1st August 2020

    While on 3 month holiday from mortgage lender and also claim 80% scheme for some people.

    You also get money from current or new tenant on:
    1st September 2025
    1st October 2025
    1st November 2025

    When your mortgage term has just extended by 3 months when you took holiday period in 2020.

    If the tenant is not working and neither is the tenant getting anything from the government, give them a break please!

    We have to work as a nation together over this coronavirus pandemic

     
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    Good tenants who don't try to take the 'P' have nothing to worry about, why would any landlord want to loose a 'good' tenant, there will be many tenants that will try it on, fools to themselves at the end of the day they are the ones that will loose out

     
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    • 10 April 2020 21:15 PM

    Providing the tenant pays the FULL contractual rent a LL would NOT need to use the 3 month mortgage deferment.

    It is completely and utterly IRRELEVANT what a LL does with the rent.
    If he wishes to spend down the pub that is his prerogative.
    It is NONE of the business of a tenant what a LL does with the rent the tenant pays.
    No LL should claim a deferment if the FULL rent is paid.

     
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    • 14 April 2020 12:27 PM

    You haven't factored in S24 to your calculations.
    Govt regsrds mirtgage interest as income which is clearly fictitious yet it would prevent most sole trader LL from receiving any Govt assistance.
    Mortgaged sole trader LL are being hung out to dry by the ludicrous S24

     
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    John Smith you are wrong and the one not understanding - residential landlords are not able to claim the 80% under the self employment scheme. Rents are investment income and not trading income. So no fraud to commit.

     
  • icon

    I have a tenant who unfortunately is taking the pee, no negotiation, told PM he will pay £100 pm against the rent of £1,525, not interested in negotiating. He is on a 1 month contract, I understand I
    Need to give him 2 months & 2 days.

    My thought is to serve termination say in 3 weeks so it coincides with the end current 3 month ban on evicting tenants. In essence in theory.he has to walk at day the start of July.

    Anyone seen or has any knowledge of the wording of the legislation?

    I cannot find anything that says you cannot serve the standard notice, just that you cannot edict a tenant for the next 3 months? Thanks

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    • 10 April 2020 23:59 PM

    You can issue a S21 now anytime you like.
    It will take about a year to evict your tenant.
    But issue S21 now.

    Then 3 months from when Govt banned eviction you can submit your PO application.

     
  • icon

    Think about how selfish you are all being. This a global pandemic. People are dieing every day. Families are being split apart. People are out of work, made redundant, financially screwed. Yet you guys who own several properties and rent them out (money for old rope) expect full rent when you get a mortgage holiday or already have more than enough money to be financially stable through this crisis. I am a tenant in the UK and a landlord in Spain of the property I own (which is on the market now). I DO NOT expect any rent from my tenant until he is able to go back to work/get money from the government/covid19 is over. And we don't expect backdated rent to be payed. This is common decency and should be STANDARD. His rent is reasonable as well most of the time €600 pcm Bill's included. Our rent here is £750 for a 2 bed flat (unreasonable but standard prices here) and our landlord still expects full rent when we are not getting a full wage. We have a child to feed, bills to pay etc (same as our landlord does). Luckily, we are financially stable so we don't have to worry. But just remember - not everyone is as rich or lucky as you. Some families are really struggling in these times. Stop being selfish and demanding from the government. A lot of people are in a much worse situation than you.

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    I couldn’t agree more. Some of the people in this site give all of us landlords a bad name.

     
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    people die every day anyway--1700 a day in uk on average

    cv19 is a scam

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    I am a landlord who served notice prior to Covid-19 on the 16th March however had to cancel this due to the new legislation. My tenant has paid me rent for 4 months and has only part paid months prior to this. She has also advised me she has Emphysema and is self isolating due to this, however I am good friends with the neighbour who has advised she isn’t even living at the property and her daughter is. I have subsequently fought out the tenant is living at her boyfriends house and not at the my house. Please can someone advise where I stand on this as I am current £4000 out of pocket and a tenant who is lying about her whereabouts.

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    Write to her (even better if a solicitor letter) with details of exactly how much she owes, confirming that you will be pursuing the full amount plus interest and legal costs. Also point out that her liabilities are increasing monthly, and that you will be pursuing all costs. I can guarantee she is claiming rent relief of up to £575 per month plus furlough benefits so pee taker. Good luck as I am afraid a dishonest tenant, abusing the system

     
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    All of our tenants have paid so far however, a number of students have contacted us to say they have been told that they don't have to pay any rent for 3 months!

    icon

    That's students for you, I stopped renting to them in the 90s, very little between the ears, think they know the lot, in reality they know F all

     
  • icon

    I'm a private landlord whose tenant was already consistently late with rent for several months before the start of the covid-19 lockdown in March. They kept breaking promises to the LA and ignoring their calls (I tried to enquire via the LA about their problems to see if we could come to an arrangement). I'd had enough by April, so as soon as I could serve them a Section21 (and after many phone calls with the LA and RGI insurers to understand my options and what's legal in the unusual circumstances), I did. Only after that did they start claiming that covid-19 had reduced their income. Although I don't want to have to evict them, especially at this time, I can't see any other options (and I'm only just able to pay the mortgage on the property). One legal rep advised me to serve a Section8 simultaneously, which I thought was excessive. Interestingly, the tenant has this week claimed to have paid a month's rent, which I await with bated breath. Unfortunately for me (fortunately for the tenant?!), their financial problems that started way before covid-19 have got us caught up in the new legislation, so they can stay (and rack up more unpaid rent probably) for a while longer. Can anyone advise whether if the tenant, by some miracle, gets up to date with the rent before the Section21 date, can I still give the go-ahead for gaining possession as planned? Thanks.

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    Yes the section 21 should be enough as you want your property back to refurb and sell!! Get them gone. This type of tenant you will never ever be able to satisfy, a constant pain. Yes get gone ASAP. Being a professional LL I would not be hesitating.

     
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    if you are poor--do something about it

  • Anthony Constantinou CWM


    Anthony Constantinou says, “At this period, we should encourage landlords and tenants to communicate with each other, work together and take care of everyone wherever possible. Try to find out the solution that suits everyone.”

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    I agree Anthony, but only where the problems are genuine , I think you will find in many cases the problems will not be genuine, just a tenant trying to get out of paying their rent, which for a few months they will get away with, until the truth comes out, which it will, then an eviction, a CCJ, and no deceit landlord will touch them for the next 6 yrs at least , tenants trying it on need to think first because they could well be sleeping in shop door ways next winter.

     
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    • 20 June 2020 20:22 PM

    Rubbish - A contract is a contact!
    Pay up or get out.
    There are plenty of people who want my houses and will pay.

    Just call me.

     
  • voirel  barron


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  • icon

    Thanks for your replies. If the tenants had actually let us know their rent would be late back in November, we would have been willing to negotiate...but as it was they initially didn't reply to our letting agents for months. At this point we served the Section 21 notice, as it was clear that the tenants didn't intend to negotiate. Now we are a few weeks from the expiry of the 3 months notice period of the notice. I've politely mentioned to the tenants that it might be better for them if they moved to a cheaper place if they couldn't afford the rent (it's what I would do). The tenant said they won't move. With the ban on evictions extended to August now, I'm wondering how this will pan out. Now they're on a statutory periodic tenancy and the situation has affected the level of insurance on the property. I'm actually terrified of the eviction process (will it affect future rentability, our success in re-mortgaging, insurance premiums, will they trash the house, etc.), but I appreciate that it is probably the only way to get them out. The tenants have paid a part of their arrears but are still a few months behind. I suppose a more 'forbearing' option would be to wait for them to repay the outstanding rent. But no one knows whether their financial situation will allow that, or whether they will even repay it if it did. And are Section 21 notices valid for 6 months? What happens after that, we're back at square one?

  • icon

    Don’t relay on them paying the outstanding arrears.

    I can assure you they will not. You need to pursue with the eviction, get your paperwork into the Courts and get prepping now to beat the backlogs.

    Make sure your tenant is fully aware that you will not be bullied, and will be pursuing them for all costs and interest, ask them for their repayment proposals, to clear their debt, and remind them this is accruing and will affect their credit rating and prospects for future finance. Like most people I suspect they aspire to owning their ow home, so this maybe a wake up call.

    You can build up to a proposal whereby you may agree to write off all or part of the debt, if they clear an amount by a fixed date, plus vacate the property. & leaves this in the condition it was let to them.

    But don’t offer this on the first Occassion, the best outcome is you take a few months hit on the rent, get him out without damage to your property & have not incurred Court costs and you move on.

    Chalk it down to experience, charge a higher bond next time and be more selective, good luck

  • icon

    Thanks for the replies. I think being more selective is definitely the way to go in future. Joe Mellow, thanks for the advice; when you say charge a higher bond, what do you mean?

    I suspect the tenants don't expect me to pursue with an eviction. I'm sure a letter from solicitors will change that (that's if my solicitor thinks I have a chance of success, I suppose). Recently, the tenant has agreed to my suggestion of paying a small amount extra on top of the monthly rent, and I'll be asking them whether they'll pay more once their business is back up, with aim of clearing the outstanding rent sooner rather than later. I think that's reasonable in the circumstances. But I don't expect a favourable response to that!

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    Going back to John Green's comment about selfishness (April). I can see this point of view when it comes to tenants that have been hit (in some cases hit hard) by this situation.
    There will be many tenants, just like mine, who have not been prepared to negotiate. She will not respond to phone calls or letters. I know from checking with Housing Benefit and Universal Credit, that she has been working throughout. She hasn't been affected by Covid; she is simply taking advantage. If I want to be charitable, allow me to choose a worthy cause.

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    Spot on Chris.

     
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    "I know from checking with Housing Benefit and Universal Credit, that she has been working throughout."...

    I'm gonna call your bluff on this because they will never talk to you unless you are falsifying information to have them believe that you are acting on her behalf.

    So, you think she has been working through the pandemic... that little rat chewing on the back of your brain won't let up, "she's still working and won't pay you... she's still working and won't pay you... she's still working and won't pay you... "

     
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    Dear Sebastian,
    Sorry, I haven't been here for a while.
    I didn't do the checking; My MP did. He offered to try to get housing benefits paid directly to me after I told him about my situation. When he was told that she wasn't claiming, he checked with Universal Credit and was told that she wasn't claiming that either. I naively assumed that she must be working.
    But thanks for pointing that out.
    Oh, incidentally, despite the warrant being poised for action, the bailiff has been told to hold off, by someone. No one seems to know who. So she is still there, still working, still not paying, still working, still not paying, still working, still not paying.

     
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    I asked the bailiff who has stopped the eviction and he said it is HMCTS. They won't allow bailiffs to enter the homes of obstinate freeloaders, even if the bailiffs are perfectly happy to do so. Who is this supposed to protect?
    Of course I've tried to draw their attention to the fact that this is a devastatingly clear injustice, but I can't find a way of asking a specific question.

     
  • icon
    • 26 September 2020 22:52 PM


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  • icon

    BE AWARE: You can't just not pay rent just because you don't want to during this pandemic. The eviction moratorium guidelines are strictly for people that have lost their jobs. I have a friend that didn't pay rent and she got sued. You have to show proof that you lost your job and even then rent is still owed.

  • icon
    • 23 October 2020 16:39 PM

    Makes sense, but over time, I would evict them for long term non rental. And CCJ them too.

  • icon

    It would be useful if there was a way of putting the fear of legal action into the minds of these state-sponsored-squatters. Mine has got at least one of her sons living with her now. She is committing council tax fraud by claiming 25% discount. She has admitted to the court that she owes me £4,000, but says she is behind with her council tax as well. She has put her 18yr+ sons down as dependants. She says that her working hours have been reduced, yet she is not claiming any benefits.

  • icon

    Shelter, Crisis and GenerationRent, absolutely refuse to acknowledge that a devastating social housing crisis may arise from the exploitation of this eviction ban. I have actively discouraged people who were thinking of letting, by telling them about my experience. Many were shocked and disgusted by the behaviour. Given that reaction, I wonder what Buckland is scared of? There must be landlords who haven't been impacted by this, but who now see the risks and the attitudes and have decided to chuck it.

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