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

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  • MdeB
    replied
    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.

    Leave a comment:


  • LandlordJ
    replied
    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?

    Leave a comment:


  • JK0
    replied
    Yeah, form 6a is what you use.

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  • Ash1
    replied
    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 Do you mean this form as I had believe it to be superceded by form 6a?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.

    Leave a comment:


  • jpkeates
    replied
    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.

    Leave a comment:


  • theartfullodger
    replied
    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.

    Leave a comment:


  • jpkeates
    replied
    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.

    Leave a comment:


  • lanthth2000
    replied
    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?

    Leave a comment:


  • jpkeates
    replied
    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.

    Leave a comment:


  • lanthth2000
    replied
    Originally posted by jpkeates View Post

    If you do want to serve s8 notice, I'd wait until the tenant owes two month's rent before serving it.

    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.

    Leave a comment:


  • The Secret Landlord
    replied
    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%

    Leave a comment:


  • jpkeates
    replied
    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 (or, as Guernsey did, say "no one over 55 will get use of a ventilator"), let people die, keep life going as normal for those without serious symptoms, and come out the other side with a (hopefully) resistant population."
    No, they couldn't do that.

    The government has a duty to its people as well as its economy.
    It can't just "let people die".

    Doctors have a duty to the sick.
    Each nation has a duty to its neighbours.

    It's no a coincidence that the only countries not following an almost identical path are nations led my maniacs: Brazil, Hungary and, possibly, the USA.

    In the same way that it's never going to be knowable how many people would have died anyway, we'll never know how many businesses would have gone either.

    Leave a comment:


  • MdeB
    replied
    Originally posted by jpkeates View Post
    Blaming the economic stress on the government's actions is like blaming the fire brigade for the water damage after a fire.
    The problem is the fire, not how it was put out.
    But the water damage to the lower floors is not caused by the fire on the top floor but by the response to that fire.

    The government did not have to take the steps they did to combat the virus.

    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 (or, as Guernsey did, say "no one over 55 will get use of a ventilator"), let people die, keep life going as normal for those without serious symptoms, and come out the other side with a (hopefully) resistant population."

    The vast majority of people would then probably not experience financial stress.

    Leave a comment:


  • lanthth2000
    replied
    Originally posted by Walnut88 View Post

    Thanks so much. My tenants are from HongKong, which one of them is UK passport. So not sure how much they can get from the government and local authority. I am willing to offer help in this tough time, suggesting 50% deferral. But they stopped communicating and not reading my message. In the case, is the S8 only sought and having solicitor involved? I am also worrying they will not leave my place even after the contract ended 31 Aug 2020....
    You are very much on the same boat with me. I am also willing to offer help to the tenants but they insisted that they got No money and cannot pay anything until the corona virus is over. I do think that they are trying to exploit the situation. I am also thinking about issuing S8. It is good to have solicitor involved, but it is quite expensive (the local one near where I live charge something like £200/hour).

    Leave a comment:


  • jpkeates
    replied
    Originally posted by MdeB View Post
    It is caused by the Government actions to reduce the strain on the NHS due to the virus.
    People keep asserting that.

    The government is responding to a virus.
    Arguably, it is doing less than other nations on the planet.
    Almost every nation is responding broadly the same way.
    It would be irresponsible for the government to do anything that did not mitigate the number of its citizens who might die.

    Blaming the economic stress on the government's actions is like blaming the fire brigade for the water damage after a fire.
    The problem is the fire, not how it was put out.

    Leave a comment:

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