Notice expires this week tenant desperate

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    #31
    Latest missed payment has just happened, rent is due on the 15th. So I will send a letter with a rent statement showing due dates and payment dates and outstanding rent, reminding tenant that this is due and could result in a money claim. Should I add anything else, eg possible CCJ? I have never had this issue before.

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      #32
      https://forums.landlordzone.co.uk/fo...er-notice-date

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        #33
        Get her to agree in writing that it may be deducted from her deposit?

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          #34
          Originally posted by boletus View Post

          Art,

          You've posted this a few times.

          Sorry, it needs calling out.

          Have you ever done it? How many times? When? Did it work? Who exactly did you address the copy to? Did the 'council' ever reply? Did it make any difference whatsoever?
          I did, once, in Scotland (similar process, different notices..) Other than that since I became aware of the law (after painful experiences due to my ignorance..) I've been very lucky with chosen tenants. Had joint tenancy, that for a couple of months paid late, a week or so: I got p*ss*d off, issued the equivalent of s8g10 (no longer possible in Scotland with the new PRT tenancy..) and thereafter rent was always paid in-full on-time. But relationships were decidedly frosty until they gave notice & left. The covering letter said copied council but can't remember if I did or didn't. I'd had earlier experience with that council over a friend of previous tenant staying after tenant had departed: Spoke with council, they were exceedingly helpful. The only problem with payment of rent ever in England has been getting it out of the agent... (otherwise good,... ).

          S8g10 is a weapon/lever that most agents and landlords seem unwilling to even consider: IMHO more should use it, when appropriate, as a shot across the bows.

          Others will hold alternative views: Surely there's room for conflicting viewpoints/advice?

          Best wishes to all!
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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            #35
            Hi all,
            Issued s21 notice end November, tenant didn't leave.
            Early Feb applied to county court for possession , 14 days given by court, no defence by tenant.
            Solicitor has now applied for possession date.
            Heard nothing for a week. Any ideas how long this takes. Don't want to hassle solicitor as they charge per email.
            Also I believe tenant is claiming UC and hasn't attempted to pay any rent for approx 5/6 months.
            Can I inform council ? Surely shouldn't claim rent if not paying it?
            Also believe tenant is smoking cannibis in property.
            any help appreciated.
            Getting sick of the whole situation!

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              #36
              It will take a while (several weeks is normal and now is not normal).
              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).

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                #37
                Is there a template cover letter/statement which can be sent to a tenant in arrears in order to remind them what is owed in a situation where the arrears are increasing and will do further due to delays in a eviction process? I started s21 in November and the courts are now stalling on a possession order despite tenant not filing a defence. ( Now I have to do the 14 days notice all over again).
                I would like to warn the tenant that I am not a soft touch and will pursue outstanding rent from them now and once they have left the property, as well as court fees I am incurring. Can I also add solicitor fees? Should I also mention the possibility of a ccj? I am fairly likely to know where they move on to.
                This is becoming a nightmare as I am stuck living with parents aged 60+ and am an essential worker whole the whole time my tenant is sat in my property all day watching TV while I'm working 12 hours a day 6 days a week and risking getting a virus back to my parents.
                Anyway if anyone could advise how to send a form of communication to the tenant by message or writing which won't impact the eviction process it would be appreciated.
                As you can see I'm awake at 4am and go to work in 2 hours as this is stressing me out so much.
                Thank you.

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                  #38
                  I would send them on a periodic basic a statement (similar to your bank statement) showing the date due, the amount and the cumulative amount. Date each statement to show if necessary the chronological order of the debt. Just out of interest have you made contact with the T and asked if they are will to arrange into a payment plan, if so and they have said no, then make a note of the date (and time). Keep a record of all your correspondence, especially phone calls. Ideally make them in writing (email/post).

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                    #39
                    As above, calm polite letter with rent & payment statement..

                    Date due, amount, paid, outstanding etc etc
                    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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                      #40
                      Thanks just a quick one, my monthly rent period is 15th-14th. Do I date the statement up to the 14th march and put march 15 onward on next month statement , or also include days (or full month) from 15 march onwards up until the date I send it?

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                        #41
                        Does your AST include a clause which states penalty interest will be charged if the monthly rent is not received within a specific period of time?

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                          #42
                          Originally posted by Propertygoesup View Post
                          Thanks just a quick one, my monthly rent period is 15th-14th. Do I date the statement up to the 14th march and put march 15 onward on next month statement , or also include days (or full month) from 15 march onwards up until the date I send it?
                          The full rent is due on the 15th

                          Put 15th each month and amount due that day.
                          Don't forget to include any payments they have made.

                          You might also want to include the interest accrued to date of statement.

                          Send the statement on or soon after the 15th (i.e. each time payment becomes due)

                          You might also want to include something about costs to date for the eviction process (serving notice; court costs) and advise that interest is accruing on those from the date the cost was incurred.

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                            #43
                            Originally posted by Propertygoesup View Post
                            ( Now I have to do the 14 days notice all over again).
                            What is this 14 days notice?
                            I do not understand.

                            Originally posted by Propertygoesup View Post
                            I would like to warn the tenant that I am not a soft touch and will pursue outstanding rent from them now and once they have left the property, as well as court fees I am incurring. Can I also add solicitor fees? Should I also mention the possibility of a ccj? I am fairly likely to know where they move on to.
                            You can advise of costs incurred, but they are not recoverable unless and until the court has awarded possession and agreed that you can claim those costs (or you have taken and succeeded in separate proceedings for the money).
                            Also interest is recoverable on those costs, provided that your agreement allows for it.

                            I would not mention CCJ until they have left. I would then ask the for a forwarding address for you to send mail to (they might give it to you, but unlikely if you have threatened a CCJ)

                            Originally posted by Propertygoesup View Post
                            Anyway if anyone could advise how to send a form of communication to the tenant by message or writing which won't impact the eviction process it would be appreciated.
                            Either post or email.
                            If post, then the cost goes on to their debt and accrues interest.

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                              #44
                              Thanks for the advice, I have drawn up the arrears statement. As there is now a wait, is it worth giving the tenant a lifeline. I have been reading a lot on citizens advice and it suggests rent must be paid and there is help to do this. At the moment if I proceed I am probably going to get her out in the summer but with arrears of circa £8000 plus court costs.
                              I do not believe she has very much to offer , no assets apart from a car worth £1000.The frustrating thing is the lack of communication and failure of her to seek help from the authorities such as citizens advice/ council etc who could probably help with paying the arrears ( backdated possibly).
                              So along with the arrears statement do you think it's worth attaching some printouts from the citizens advice website, maybe highlighting relevant paragraphs in order to encourage her to take some action?
                              I still have just under 4 years in a buy to let mortgage which has exit fees of 4% so there is a little part of me which may allow one final chance if effort is made to offer me some sort of plan to pay me back.
                              I appreciate all the advice so far. Currently I can't re apply to the court until 26 June and the way it's going the £5300 outstanding will grow to £7700.

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                                #45
                                I should also add that previously I had informed the tenant that the s21 wasn't directly due to rent arrears ( being the no fault eviction route) , and I had decided to sell the property with a buyer already in place. This is possibly why she decided not to pay anything since January. I could now mention that my buyer has pulled out and this offers her a last chance in order to come up with a plan?
                                ​​​​​​

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