Notice expires this week tenant desperate

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    #46
    After some thought I am considering including a one time offer with my letter and statement. I know that the tenant could potentially move into her dad's house. With the arrears statement I am thinking to make an offer " without prejudice " that if tenant vacates the property within 14 days that I will waive all outstanding rent. If this offer is ignored I will also insist that tenant contacts me regarding paying the arrears within the same 14 days. If no contact at all I will begin legal proceedings to claim the arrears alongside the existing s21 process which is currently on hold.
    does this sound like a way forward?
    Finally regarding the arrears I have read online that above £5000 ( which mine is) I can make a statutory claim instead of a money claim, which could result in bankruptcy.
    Has anyone experience of this?
    Many thanks

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      #47
      Decided not to make an offer as it's highly unlikely anyone would move right now. Will pursue rent arrears. Would be interested if anyone knows more about whether to do a money claim or statutory claim. Seeing as it's over £5000.

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        #48
        Hi just an update , a couple of weeks ago I posted this letter with a rent arrears statement attached.

        https://www.which.co.uk/consumer-rig...-from-a-tenant

        Over £5000 was owed, and i have had no response.
        Another rent is due now bringing the total over £6000.

        Do I send another letter with updated statement? I want to take her to court for the rent (money claim or make her bankrupt).

        After advice on how different to word it from the standard arrears letter I used last time???

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          #49
          Absent any response, I'd sue for the existing debt.
          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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            #50
            I am not that experienced but reading through this I feel you need to get firm. The tenants needs a Letter Before Action which you can find free online, saying that you will take action (not could). And I think your solicitor already dealt with the S21 court eviction process and your just waiting for a date to get them out. If so when that date comes and they dont move apply to the court immediately for a bailiff. I have never used a solicitor and, although you have to make sure you have done everything necessary, issued every piece of paper you can find, and got proofs of posting etc. you should be fine. It is not difficult but it is stressful.
            Then IMO I would do a money claim online if they dont take notice of your Letter Before Action - either before you get them out or after. You can find where the tenant has moved to from online people finding companies - they usually suggest you wait about 6 months. And then probably you will need a High Court Enforcement Officer. But consider whether its worth chasing them and for how much.

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              #51
              The beauty of starting the process now is that the landlord knows where the tenant is, so there's no issue about them not getting at least the letter before action and the first lot of court papers.
              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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                #52
                Thanks for replies.
                I found this:
                https://directpayment.universal-credit.service.gov.uk/
                Is it worth trying this process to get some rent?
                Also I can't seem to find a letter before action template, only at a cost.
                If I claim before she goes can I add to the claim if another months rent is due after the claim?
                Cheers.

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                  #53
                  Why does my tenant need a letter before action ? My tenant knows very well how much he has to pay. All information is on the agency’s website. He acknowledged missed payment. Said will pay ASAP meaning never. S8 will explain everything.

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                    #54
                    Yes, that's worth trying.
                    You can't add to the claim, you'd have to make a separate new claim.
                    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


                      #55
                      Originally posted by Perce View Post
                      Why does my tenant need a letter before action ? My tenant knows very well how much he has to pay. All information is on the agency’s website. He acknowledged missed payment. Said will pay ASAP meaning never. S8 will explain everything.
                      If you're claiming the rent arrears on the section 8 notice, you shouldn't make a separate claim for the rent - can't claim the same amount twice.

                      If you sue someone for outstanding rent through the small claims court you have to send a letter before action first, otherwise your claim can be struck out for failing to follow the correct process.
                      It might not be, the small claims process is usually quite relaxed about proper process, but there's no need to risk it.
                      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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                        #56
                        I think it is best to issue S21 and S8 and then decide later which one to use. I will use 21 as tenant cannot defend himself and if it does not work will use S8.

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                          #57
                          Is it better to issue s8 or claim money on line. ?

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                            #58
                            I am fairly sure tenant is claiming UC due to not working so if I fill this form in will it begin an investigation and possible rent ( with arrears?) Paid direct to me?
                            In my case s21 is being dealt with by solicitor.
                            Any money claim is a separate issue for me.

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                              #59
                              Court repo action should comence before expiry of valid s21.

                              Comment


                                #60
                                Originally posted by mariner View Post
                                Court repo action should comence before expiry of valid s21.
                                It may be that my brain hasn't been exercised much recently, but I don't understand that statement.

                                Comment

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