Landlord in Distress

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    Landlord in Distress

    Hello ,

    My tenant has stopped paying the rent on from the 5th of MArch 2020. This was the first month they stopped the rent . It is a period tenancy after one year tenancy agreement in 2018.
    The Tenant has changed the locks and denied access for inspection and essential works .
    It is on a periodic tenancy . I have issued form 6A on the 8th of March giving until 4th June , however I understand that’s invalid now Due to COVID-19.
    There is a guarantor however he seems to have changed his address.

    I need assistance in this please .Can someone please advise

    #2
    I'd send a letter before action to both parties, at whatever addresses you have. Give, say 2 weeks to bring rent up to date, or you will issue claim in county court.

    If guarantor (pretends) not to have received the letter, they also won't receive the court papers or bother defending them when you finally get to court.

    Comment


      #3
      There is probably very little action you can take at the moment, but what you can do is start to prepare, send the T & G, a monthly statement of outstanding amount, get the papers ready to serve, once we get back to "normal" serve the papers on both, wait 2 months, if T doesn't leave follow through with courts and bailiff.

      I've been in the same situation (prior to the Covid-19) and it was stressful, my advice is don't worry about it not much you can do right now, but the day will come when you get the property back.

      Comment


        #4
        Originally posted by Roydravid View Post
        however I understand that’s invalid now Due to COVID-19.
        That is not correct, the law changing how notice and evictions work is not yet in place.
        Check that your notice is valid and be ready to proceed once the courts are back in action.
        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
          I wonder how long it will be before the population resorts to violence? Landlords start burning down houses?

          The court system never worked properly before, but this is the thin edge of knocking our democracy back to the stone age.

          Comment


            #6
            As I understand it due to covid 19 there is a 3 month notice period now required because HMG don't want people forced out of their homes during this crisis.

            Comment


              #7
              Well they were never forced out in less than a year on average even before this new dimension -- Landlords have been on average a year out of rent before the court system operates (in the face of a complete breach of contract by the tenant).

              Comment


                #8
                Originally posted by ATC View Post
                As I understand it due to covid 19 there is a 3 month notice period now required because HMG don't want people forced out of their homes during this crisis.
                On the Today programme Radio 4 this morning the Housing and Communities minister said that he now wanted a 6 month period, extended from 3 months where no person could be evicted 'due to the Corona Virus'. This leaves interpretation open for the moment.



                Freedom at the point of zero............

                Comment


                  #9
                  There is a crisis which requires extraordinary measures. The primary duty of any government is to protect its citizens.

                  After the Fire of London landlords wanted rent from their tenants who had no buildings to trade from or live in. The King had to step in.

                  We cannot really have a situation where one sector of the population thinks it should be assumed that everything is carryng on as normal. A price will have to be payed for the crisis and if democracy means anything the cost should be shared equally with no exemption for landlords.

                  Comment


                    #10
                    Originally posted by Interlaken View Post

                    On the Today programme Radio 4 this morning the Housing and Communities minister said that he now wanted a 6 month period, extended from 3 months where no person could be evicted 'due to the Corona Virus'. This leaves interpretation open for the moment.
                    It isn't clear to me why they think only some people should pay for the totally unnecessary crisis they have created. How about telling small shop owners (like pharmacies) that they are also now obliged to permit theft, and repeated theft from the same customers? This type of thing is exactly what is going to cause riots on the streets -- employees on 50K a year will get 80% of their salary paid for through money printing, whilst a freelance home language tutor on 15K who has never submitted a tax return will get nothing at all.

                    Welcome to Venezuela

                    Comment


                      #11
                      Originally posted by Lawcruncher View Post
                      There is a crisis which requires extraordinary measures. The primary duty of any government is to protect its citizens.
                      I suggest you do some reading of the many epidemiological reports which suggest that the extraordinary measures are going to cause countless more deaths than this relatively benign virus. The mean age of those who have died in Italy is 80, and the expected life expectancy of those who died was less than 2 years. Those who are going to die in their droves (from suicide and other things) will be young men.

                      Comment


                        #12
                        Originally posted by Lawcruncher View Post
                        price will have to be payed for the crisis and if democracy means anything the cost should be shared equally with no exemption for landlords.
                        That's exactly the problem. It is not equal. Those who are paying the price are those who have saved for their old age, very selected parts of the economy (such as landlords), those with fledgling businesses -- and most of all our young people. This is essentially a massive transfer of poverty and death to our youth so that a few boomers can be saved. That might sound harsh, but I am afraid that this is the reality of the thing.

                        Comment


                          #13
                          Originally posted by ATC View Post
                          As I understand it due to covid 19 there is a 3 month notice period now required because HMG don't want people forced out of their homes during this crisis.
                          That is the current plan, but the legislation to make the change is not yet law.
                          So it doesn't yet apply, but is likely to, possibly as soon as tomorrow (today is Wednesday 25th).

                          There is some debate about the change, because a lot of people think it doesn't go far enough and parliament may not continue long enough to pass 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).

                          Comment


                            #14
                            Originally posted by Interlaken View Post
                            On the Today programme Radio 4 this morning the Housing and Communities minister said that he now wanted a 6 month period, extended from 3 months where no person could be evicted 'due to the Corona Virus'. This leaves interpretation open for the moment.
                            Again, that's an intention and is not yet law.

                            The change seems to apply to s21 only.
                            However, in all honestly it's academic, because the court system is essentially no longer functioning, so any notice defended in almost any way would put a stop to the process.
                            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


                              #15
                              I find it curious the number of people taking advantage of this crisis - and that includes our courts and judges. A lot of what courts do can easily be done from home - paper evaluations of various things - instead of suspending courts completely I am sure they could do a lot of that stuff on paper and by web conferencing. There are critical things like management orders for buildings with holes in the roof that are just shelved

                              -- so it is all very well talking about poor residents of properties that need help during this crisis when people in desperate situations are just left to dangle for no good reason but for the sheer laziness and lack of imagination of those in power.

                              So can someone please explain why things that take place on paper cannot continue to take place on paper -- or do these folk just want a nice holiday paid for by a fat cheque from the taxpayer? Lazy useless sods.

                              Comment

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