Section 8 or just wait?

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    Section 8 or just wait?

    Hoping for some advice from anyone who has been through similar.

    Tenant has advised Agent that he has no work on (is self-employed) and so cannot afford rent. Section 6A issued 1st Feb, giving tenant until 1st April to vacate.

    Still no sign of any rental payments and tenant still pleading poverty. Has approached council for assistance who, in turn, asked us whether we would allow him to stay if they helped towards rent. Confirmed we still wish to proceed with possession of property.

    I have mentioned the prospect of issuing Section 8 on 2nd March, at which point tenant will be two months in arrears.

    Agent has suggested that this might just pi** the tenant off and make him less likely to make efforts to leave. Personally, I don’t think he’ll leave until he is forced out.

    What are the pro’s/con’s of us issuing a Section 8? Should we just wait until 2nd April and then (assuming he’s doesn’t leave) go down the court route?

    ADDITIONAL INFO: tenant is repeatedly late with rent (sometimes 1-2 weeks late).

    Tenancy is us joint names (brothers) but one brother moved out over a year ago, but still continues to sign tenancy. Assume he is still liable?

    Tenant now has girlfriend and baby together. Will this make it harder to evict (gf is not named on tenancy).

    Tenant told agent mid-Dec that he would be unable to pay rent for a while. I only found this out when I chased rent mid-Jan. can I go after agent for 1 x months rent as they withheld this info from me. I would have issued Section 6A on 1st Jan had I known this due to repeatedly late with rent.

    many thanks in advance for any advice!

    #2
    MCOL
    Sue the brother too

    How did they end up being selected as tenants? These things are usually predictable.

    Comment


      #3
      Originally posted by AndrewDod View Post
      MCOL
      Sue the brother too

      How did they end up being selected as tenants? These things are usually predictable.
      That’s next on my list of things to do, once they’re out. Am I entitled to view the references that were obtained at the start of the tenancy?

      Comment


        #4
        Originally posted by redgoody View Post
        That’s next on my list of things to do, once they’re out. Am I entitled to view the references that were obtained at the start of the tenancy?
        The agent will say no, based on "data protection/GDPR".

        You respond that the ICO ruled many years ago that this information can be passed by agents to landlords if the tenant is advised that if can be, and that, consequently that should be standard practice for letting agents.
        So why haven't the agent followed this obvious course of action?

        You'll feel slightly better but get nowhere.
        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 redgoody View Post

          That’s next on my list of things to do, once they’re out. Am I entitled to view the references that were obtained at the start of the tenancy?
          Next time you see references yourself and explore tenants yourself before handing over any keys. And you always insist of handing over keys and selecting tenants yourself -- the agent must have no rights at all (stick that in any contract).

          And I guess you let the agent collect and protect the deposit themselves too......

          Comment


            #6
            Serve S8 all valid grounds, copy council, explaining (verbally) what "intentionally homeless" means
            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...

            Comment


              #7
              So, I’ve now seen references and both brothers were assessed as ‘Medium risk’ by the agents! I will be asking what this means! I would not have accepted anyone not deemed low risk if I had known this, but we live and learn I guess. Tenant was also self-employed with profit before tax of c£14k! Another reason I would’ve not accepted him!

              I have also received a statement to show what date the tenants actually paid his rent.....and on some occasions he paid on the 4th/5th of the month, and the agents didn’t then pass this into us until 2 weeks later. The lady we were dealing with (now left - sacked I think!) allowed us to believe that every late payment was the tenants doing, but the statement tells a different story!!!

              Comment


                #8
                I repeat:

                Originally posted by theartfullodger View Post
                Serve S8 all valid grounds, copy council, explaining (verbally) what "intentionally homeless" means
                - sounds like g10&11 at least.

                Have you, please?

                I'd fire the agent also.
                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...

                Comment


                  #9
                  We’re are not planning on using them after this has all been sorted! And we will be claiming against them for at least the 1 x months rent that covers the period they failed to pass on the info that tenant couldn’t afford the rent for!

                  Comment


                    #10
                    Originally posted by redgoody View Post
                    So, I’ve now seen references and both brothers were assessed as ‘Medium risk’ by the agents! I will be asking what this means! I would not have accepted anyone not deemed low risk if I had known this
                    To be fair, I've never had a tenant classified as low risk in several years of referencing. They always seem to be medium risk even when they're earning a good income.

                    Comment


                      #11
                      Is it easy enough to issue a S8 myself? The section 6A was issued by the agents at a cost of £135. I’m guessing I can just use an online template and hand deliver (recorded placing through letter box)?

                      Comment


                        #12
                        I am about issue one of my tenants a S8 because they owe me over £5000. I know I should have done it before but she kept promising her father would clear the arrears but she has been telling me a bunch of lies. Once they are out I will be selling the house to recover the money I have lost because I know I won't get any off her.

                        Comment


                          #13
                          Serve and act on s21 if you can.

                          Comment


                            #14
                            Originally posted by Mrs P View Post
                            ....theyout I will be selling the house to recover the money I have lost because I know I won't get any off her.
                            People like her continue to get away with partly because landlords give them good references and don't pursue debt, ensure they get CCJ and are then flagged to landlords with the sense to run credit checks.

                            Please pursue her. You might get some £££, certainly make life hard for lettings, loans, credit deals (eg mobile 'phone contracts)
                            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...

                            Comment


                              #15
                              Her father might actually cough up if someone sues her.
                              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

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