As a landlord, you will have many matters to deal with over time, although a rare occurrence, dealing with a tenant that has been sent to prison could be one of them. In almost all cases, this would have happened unbeknown to you and therefore out of your control. Crucially, it is the actions that you take in response that will go someway to protect your property and income. Below are some frequently asked questions and what you need to know about gaining possession and rent arrears.
1) Can I get automatic possession of my property ?
No , is the answer in short. Even though the tenant is imprisoned it does not end the tenancy. In most cases where the tenants possessions remain, you will have to apply for a Court Order. Should the tenancy be within the fixed term, you cant serve a Section 21 Notice.
2) What if there are Rent Arrears?
If you are owed rent, with arrears of 2 months or more , you can apply for a possession order using the rent arrears ground. The Eviction Notice must be served on the tenant whilst in prison, its best to notify the authorities as they are likely to do this on your behalf.
3) Can I speed up the process?
It pays to be pragmatic in this scenario, ask your tenant for Voluntary Surrender of the tenancy in return for righting off the rent arrears.This should be in the form of a letter included with the Notice for the tenant to sign confirming his agreement. If the tenant doesn't do this and the rent is owed, you will still get the Eviction Order.
4) How can i get my money back ?
A County Court Judgement will be issued within the Eviction Notice, however, it may not have much value, as the probability of recovering the debt from someone who is in prison is low. On this basis, the priority is to get the Eviction Order as quickly as possible.
5) What are the signs to look out for ?
Your tenant may have gone to prison for any number of reasons, though the rise in Cannabis farms and illegal brothels subjected to Police raids is almost always in rented accommodations.
The most common signs that may arouse suspicion are:
- if a single person is looking to rent a property that is much bigger than suits their needs and based on the number of persons named on the tenancy agreement.
- The tenant is offering to pay all the rent in advance
- Complaints from neighbours or the freeholder about noise and the number of people coming and going throughout the day.
- Tenants making excuses to deny you access to the property or the fact that you have never heard from them.
Conclusion
It's vital that tenants are thoroughly vetted as the business of letting is about putting strangers in your property, therefore, it's how they sound on paper. The main criteria are
- Employers reference
- Last quarter bank statements
- Proof of address- ask for a recent utility bill to check against other documents
- Credit checks - CC J's or bankruptcy
- Photo i.d Drivers Licence or Passport
- Current/Previous Landlord reference
These precautions will give you the best protection, if any prospective tenant cant produce this information then alarm bells should start ringing. Regardless of the tenants status, be they employed or in full-time education, you need to make an informed decision about who you accept as a tenant, therefore make no compromises on referencing.
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If you are looking for an agent with experience that can help you find the right tenant for your property, then contact me to find out how we can get the best out of your investment property. Email me on chris@ashmoreresidential.com or give me a call on 020 7435 0420. Pop in for a chat – we are based at Ashmore Residential, Suite 7, 25-27 Heath Street, London, NW3 6TR. There is plenty of parking and the kettle is always on.
If you are looking for an agent with experience that can help you find the right tenant for your property, then contact me to find out how we can get the best out of your investment property. Email me on chris@ashmoreresidential.com or give me a call on 020 7435 0420. Pop in for a chat – we are based at Ashmore Residential, Suite 7, 25-27 Heath Street, London, NW3 6TR. There is plenty of parking and the kettle is always on.
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