What to do if Tenants not paying rent due to corona virus?

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    #31
    Originally posted by lanthth2000 View Post
    Why with S8 notice, it is better to wait for 2 months? I was told by others that after 2 weeks you can issue S8 notice. I am a bit confused here.
    Section 8 notices have different grounds and some normally allow service with two month's notice.
    That's been amended during the current crisis to a minimum of three months and all court proceedings are on hold and no new cases can be heard.

    There are two different sets of grounds, one gives the court discretion and they can decide whether or not to award the landlord possession, the other are mandatory, which means that the court should award possession.
    Ground 8 is a mandatory ground and can only be used if the tenant owes two month's rent when it's served and also when you go to court.

    There are other grounds you can use if the tenant owes rent, but they aren't mandatory and courts are generally reluctant to evict if they don't have to.
    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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      #32
      Originally posted by The Secret Landlord View Post
      OP it's really important to keep the lines of communication open. You need to talk with your tenant and find out how this has affected them - i.e. ask for proof from an employer getting rid of them etc. Also, you could ask for bank statements. I think it's important to try and quality who needs help and who can go to the govt for assistance for the 80%
      It would be no problem for me to help if tenants are in real difficulty with the finance. However it seems to me that tenants just want to have a free rent and they are not willing to provide proof of employer getting rid of them. It is difficult to judge on one bank statement, since we do not know if they also got different bank account. What should we, as Landlord, do in this case?

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        #33
        The tenants need to understand that it's not free rent and that they'll have to pay the missing rent at a later date.

        That stops it being a question of have they really been let go (and you would know from whatever it was they did whether that was actually possible or not).

        Even if they are unemployed the question isn't whether they can pay the rent next month or the month after it's how long they would need to pay back the missed payments.
        Could they realistically pay the rent plus another third of the rent for 3, 6 or 9 months even after the world is back to normal.

        Were they actually self employed and if so will they be able to apply for the lump sum in June?

        Have they applied for Universal Credit?

        Otherwise, they're going to have to surrender the tenancy or go into considerable 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).

        Comment


          #34
          I wonder if they will ever need a decent reference..... No point warning them now, easy to find another "landlord" to say how wonderful they are..

          But, tough times for everyone: Perhaps a bit of flexibility & tolerance.
          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
            I'm all for flexibility, tolerance and helping people in difficult times.
            I'm less keen on people who's first thought when losing their jobs is to simply spread the pain rather than look at remedies.

            I've lost my job and have applied for Universal Credit / A job at Sainsbury's but am obviously seriously short of money is very different than I've lost my job and can't pay rent.
            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


              #36
              Hello, Im reading your posts with interest as my tenants have also stopped paying. You all seem to be talking about S21s. Do you mean this form as I had believe it to be superceded by form 6a? Im very confused and have to admit that just for safety sake Ive been generally sending out both. It would be good to know which is correct. my tenancies are now 'periodic' if thats makes a difference.

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                #37
                Yeah, form 6a is what you use.

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                  #38
                  Originally posted by MdeB View Post
                  They could have said "we will do nothing, allow the virus to rip through the population, allocate ventilators on a first-come-first served- basis
                  I think you're confusing UK's system of governance (where the government needs to take public opinion into account to you know, get reelected) to a dictatorship.

                  Care to share a source for your assertion that Guernsey denies ventilators to over-55s?

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                    #39
                    Originally posted by LandlordJ View Post
                    Care to share a source for your assertion that Guernsey denies ventilators to over-55s?
                    I cannot find a web reference.

                    I was advised by my son who lives on Guernsey that this had been decided a couple of weeks ago, because they were expecting not to be able to get deliveries of more ventilators.

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