Landlords Ability to collect rent q

[cassa333]

Because my tenant had stopped paying her rent (she thinks she is going to get a council house) we gave her notice to quit. She is now 2 months in arrears.

When can I contact her guarentor to try to recover her unpaid rent? Is it now or when she has moved out and we know what the final total is?

Thank you

[muchlovex]

I would write to her guarantor asap, advising that she has not paid rent and in arrears by xxx amount. As they are her guarantor then they are responsible for the tenant.

[MrsLeeG]

I agree write to them now claming arrears and state that you will seek further payment should any further monies be owed to you at time of departure. I assume you have a deposit? I would state that you will be holding on to the security deposit and the balance the guarator owes you.

[cassa333]

Thank you both. I shall write to her (mum) pdq.

I have been told that I cannot hold her deposit back because of unpaid rent though.

Is that right?

[samak]

Doesn't sound right to me. In any event I would hold it back and let it be their problem.

[MrsLeeG]

Have a read here http://www.housingadv...our-deposit-back.html its more intended for the tenants rights, but gves you an idea on the landlord side. As far as i am aware yes you can withold deposit for unpaid rent.

[muchlovex]

No, that is mot right. A deposit covers arrears and any damage to the property.

Do you have the deposit with the deposit protection scheme?

[cassa333]

Her deposit is in the deposit protection scheme.

[themas]

Talk to the deposit scheme the money is with - if it is the case that you can't hold it back for unpaid rent then that is ridiculous.

[Postdog]

It's one of the reasons WHY you take a deposit. I kept one I was given when the person left without giving agreed notice. They agree to that, they should expect it

[muchlovex]

When the tenant hands in their notice and expects her deposit back, you would have to notifiy the DPS of why you are intending on keeping her deposit. This would need to be done via the DPS and they make the decision.

My advice to you as a fellow landlord, would be:
1) Write to the tenant to advise she is in breach of the TA, notify her of her arrears and that you are giving her notice to quit
2) Write to her guarantor
It is essential that you keep all necessary correspondance as the DPS may need to see this/