Tenant has paid rent arrears question

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    Tenant has paid rent arrears question

    I served my tenant a Section 21 notice 2 months before their tenancy ended. I used this as they have rent arrears of £2900. The notice ends on September 17th but last night they called to say they can pay the arrears in full, please check my bank. Checked my account and they have indeed paid in full. My question is, can I still evict the tenant or will a judge rule in favour of the tenant as the debt is paid? They have been a long term tenant who generally has been good except for getting behind with the rent. Thanks.

    #2
    S21 has nothing to do with arrears. So the question is whether you want to get rid of them.

    10 years ago I would have said it depends on the exact circumstances - decent people can allow some leeway depending what happened and how they handled it. In 2019 you can allow no leeway.

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      #3
      Why can you not allow leeway-that's not a legal ruling is it? I just want to know if taking them to court is a waste of time and money now they owe me zero. Can a judge evict them for late payments of rent anyway?

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        #4
        You are not asking the judge to evict them for late payments of rent. You need a different procedure for that (which will not be relevant any longer). So unless you are feeling kind and brave, let the S21 progress (while you still can).

        Comment


          #5
          A Section 21 notice doesn't have any reason for eviction associated with it, so a judge won't make their decision based on whether they owe you money or not.
          They will make their ruling based on whether the notice is valid or not.


          You either escalate the notice to a court to proceed with possession or do nothing (and the notice will time out six month's after service) - there isn't another option.
          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


            #6
            How many months is 2900 quid and where did they find the cash (suddenly)

            it's great that you issued an S21 because using the rent arrears as a reason would now stop you evicting, but now you can decide.

            for me. 3 days late? Fine. Twice a year. A week late? Not fine once a year.
            2900 quid in arrears?
            I'm looking for new tenants.

            Comment


              #7
              Sorry to jump in on this post but I am new to the forum and I am trying to write a new post about attending court for a S8 & S21 but I cannot locate the =+new topic link??

              Comment


                #8
                Click "Forums" (on the top bar), then "Residential Lettings Questions", then "+ New Topic".

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