tenant hasn't paid last months rent

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    #16
    ok, so what's the best way to ask them? i'll just put that I may have to take this months rent out of the deposit at the end of the tenancy and then mention about the end date

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      #17
      Originally posted by RedHitman View Post

      If they’re having money issues then they may have been advised to stay put and drag this out so they don’t make themselves voluntarily homeless.
      They may well be making themselves voluntarily homeless by skipping the rent.

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        #18
        Originally posted by ferrari-airwolf View Post
        ok, so what's the best way to ask them? i'll just put that I may have to take this months rent out of the deposit at the end of the tenancy and then mention about the end date
        You keep saying ‘end date’. There is no end date.
        A s21 is a document that is issued to notify the tenant that the landlord has begun the process to claim back the property. It’s valid for 6 months once you've issued it in order to take it to court.
        All you’ve done is sent them a letter saying “I’d like you out after (date 2 months from now) and if you don’t leave then I’ll be applying to the courts for repossession”
        its at that point that you’ll be scrutinised by a judge to make sure that it was valid. If not, you have things to correct and then you start again.

        If a tenant is having money issues then they may want/need social housing. If this is the case, they’ll have been advised to dig their heels in and wait until the bailiffs evict them (could take 6 months) because otherwise they’ll be deemed to have made themselves voluntarily homeless and wouldn’t be eligible for housing.

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          #19
          I wouldn’t mention anything about taking money from the deposit. Just make sure you send a polite letter (lots of templates out there) reminding them rent is X days late and is due immediately and for them to get in touch if there’s a problem (maybe a bank issue?)

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            #20
            Originally posted by ferrari-airwolf View Post
            Would you guys be firm in the response about it
            Depends on why you served the section 21.

            Are they in breach of the tenancy agreement?

            If you are selling up, why didn't you give a lot more amicable notice?

            If you just woke up one morning and decided to serve it on a whim I would be very interested.

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              #21
              Originally posted by ferrari-airwolf View Post
              Also my tenancy agreement states the following on the deposit:

              "The tenant pays the deposit as security for the performance of the tenants obligations and to compensate the landlord for any breach of those obligations. It is agreed that this sum shall not be transferable by the Tenant in a way and at any time against payment of the Rent and that no interest shall be payable on this deposit."
              That seems poorly worded.

              The tenant can't agree to use the deposit for rent "in any way or at any time", that TA specifically states that he can't.

              That doesn't mean that you can't claim unpaid rent against the deposit, just that the tenant can't agree to it.

              As the tenant can't agree "in any way or at any time" then I guess that it would have to be taken without his agreement, which means by the dispute resolution process.

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                #22
                Originally posted by boletus View Post

                Depends on why you served the section 21.

                Are they in breach of the tenancy agreement?

                If you are selling up, why didn't you give a lot more amicable notice?

                If you just woke up one morning and decided to serve it on a whim I would be very interested.
                Thanks for all of the great answers guys.

                red hitman, I will send a letter first class recorded tomorrow stating that the rent is now a week over due.

                Boletus, I served the section 21 to get the house back so i could live in it, I gave them two months notice, 4 months into the 6 month contract. I actually told them prior to signing the TA, that it would be the last TA and I would be looking to take back possession of the property. So they've actually had 6 months notice.

                Nukecad, Yeah, the company who set up the TA did a bad job with the wording at certain points of it. worst case scenario I will just have to claim on my insurance that they haven't paid the rent.

                Just out of curiosity, if the tenant does decide to stay in the house after the date on the 6A form, it would then go onto a periodic tenancy right? If that's the case and they don't pay rent for that month, wouldn't that mean i'd be able to issue them a section 8 notice, seeing as I would then be 2 months in rent arrears? If I did that, would the section 8 override the section 21 notice if I had to take it to court to get a reposition order?

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                  #23
                  You mean section 8 ground 8. A section 8 notice can be issued as soon as a tenants rent is late. Yes you can have a section 8 and section 21 running concurrently.

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                    #24
                    You can have as many as you want running side by side. They're only notices until you act upon them.

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                      #25
                      Check your dates: you can't serve a valid s21 notice until four months have elapsed (and have to allow time for 'service') and you can't give less than two month's notice. So if it's a six-month tenancy, you can't normally seek to give notice to expire at the end of it, but only shortly after.

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                        #26
                        Just to clarify, if the T doesn't leave on the date stated on the section 21 (before anyone says it, yes I know, she doesn't have to leave), that would mean that the tenancy would turn into a periodic tenancy, since I haven't renewed the AST right? If so, does a section 8 work when it goes onto a periodic tenancy? From what I've read it say section 8 can only be served on an AST and states you have to be 2 months in rent arrears before it can be served.

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                          #27
                          Some section 8's can be issued with no arrears. I think the two months removes a lot of discretion from the courts. One section 8 reason that does not require arrears is a returning owner occupier, but the tenant must have been given written notice of this possibility before the tenancy started.

                          I will pass on the idea that you cannot use section 8 on an SPT, but note that it seems unlikely to me.

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                            #28
                            FAW, have you done any Formal LL training yet?

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                              #29
                              As a tenant, here's my thoughts/advice - be firm and fair. Keep the deposit and the rent arrears separate to be the safest. Tenant has probably always thought 'I'm a perfect tenant, so why should I not keep the last months rent, the LL can take it out of my deposit'. Effectively the tenant wants to use that money to put down a deposit on a new place, cash flow is very tight when you move with fee's and deposits etc. I'd have thought that his withholding of rent actually shows he WILL be leaving when he says he is.

                              He's banking on his keeping the place in tip top condition and your flexibility ensuring he 'would' get the full deposit back, so why shouldn't he play the game to keep the money is his account.

                              You could always insist on doing an early inspection now to see how confident you are that the full deposit would be returned (and that he will definitely be leaving) and make the call to let him off - that would keep him sweet and make sure he has the funds to move out - not everyone wants to game the system, a lot of us genuinely want a good relationship with the person who owns the home we live in.

                              However this site is full of horror stories - as a tenant with a good relationship with my LL myself, I understand what business he is in and that if I take the p*** he is heavily invested in taking the correct procedure to get me out and relationships would break down. Its all a game and there are rules.

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                                #30
                                Right then, the 15th is almost here and I have had some progress on the situation. Firstly, last week I got a letter from the council stating how much I owe them in council tax from the 26th January 2018 until the end of the financial year, This has me believe that the Tenant has notified the council that they are leaving the property and that I am now responsible for the payments. That's a good sign in my eyes, but over the last week, I have drove past several times and the curtains have been shut and there seems to be no sign of anyone living there, which makes me wonder weather the tenant has done a flit.

                                I have text them today to ask about coming around on the 15th, but I haven't had a reply yet. If I don't get a reply by then, I will be going around and will try and see if they are still living there. If they don't reply I will ask neighbours and look to see if there are any signs of anyone living there. If it looks like they have moved out, would I be aloud to enter the house with my spare keys the next day if I post a hand written notice through the door giving 24 hours notice, even if there wasn't a response from the tenant? I want to go in to see if they have done a flit and to make sure that the house and tenant are safe, if they are still there. Judging by the letter form the council, it looks like they have gone, but I still want to take precaution to find out.

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