Tenant in arrears what to do next

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    Tenant in arrears what to do next

    Hi tenant has been struggling for the past year paying rent (which is lower than market value) late and in parts. Also had several bounced cheques. AST was signed in 2015 before a lot of the changes so I think that's in my favour. Tenant is standard AST with no deposit taken. Rent due on 15th for month ahead at £750 pcm.
    recently tenant kept paying a week or two late and blamed it on a new job so I agreed by text to accept rent on 25th with a £50 increase to £800 (still cheap for the area).
    First month I got £600 on the new date and £200 a week late.
    Next month (June) I got a cheque through my door on the 28th which bounced a week later.
    Since then I've had nothing and tenant not responding
    Should I immediately issue a 6a form?
    I'm guessing the original AST applies as noting was put in writing for the change of date and rent amount and she hasn't even stuck to that new arrangement.
    Many thanks for advice

    #2
    Also am I better using landlord action for peace of mind as I don't want to make any mistakes and delay the process

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      #3
      This sounds like a benefits system failure, rather than a tenant failure, but, assuming all your paperwork is watertight, I guess you need to do section 21 to force the council in their duty to advise the tenant. That advice is a double edged sword. They aim is to keep the tenant housed, and, on one side, they will be looking for weaknesses in your notices, but it should also include some sort of advice on budgeting and benefits.

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        #4
        If you're unsure of the process, I'd use a specialist.
        And talk to them before serving notice, so they can give specific advice.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Originally posted by Propertygoesup View Post
          Should I immediately issue a 6a form?
          I'd try just politely, reasonably and firmly asking them to leave first.

          Recently asked a tenant to leave on the Wednesday and they handed the keys back at the weekend with a sincere apology.

          Most people are honest and decent (if they are not being advised it is their 'right' to take something without paying).

          Going nuclear escalates things and is not generally the best first option.

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            #6
            If they leave without having found new accommodation, they will have made themselves intentionally homeless. At the moment it sounds like they are still trying to pay, so the lack of payment might not be considered as intentional homelessness.

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              #7
              After cheque bounced I was told she would instead transfer it two days later and she said she wouldn't blame me if I evict her. I said I may have to give 2 month notice if payment not received. I didn't receive the promised transfer and she hasn't replied to further texts requesting the arrears. I can't afford to let this get behind as I don't have a deposit to fall back on.

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                #8
                For someone who is always posting quite complex investment schemes, I find it strange that you haven't budgeted for bad debts (and this one isn't even a definite bad debt yet; things may straighten out when the benefits system kicks in).

                The five weeks that are now allowed for new deposits will not cover even half the lost rent if the tenant is unable to move out quickly, but stops paying.

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