Repeated late payer now not communicating

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    Repeated late payer now not communicating

    I have a tenant who for the third time since they moved in last Sept is overdue with their rent. Previously after chasing they have apologised and paid. This time they have not replied to the Whatsapp message I sent yesterday, but I can see that they have read it. They don't respond to emails, a few times they have informed me they have had problems with emails. This tenant works part-time and studies part-time. They had been spending part of the week with parents who live a few hours a way. I am unsure of where they are during the lock down as presumably they shouldn't still be travelling between the two places, other tenants seldom see this person. Rent was due on 24th. I waited longer before chasing previously but I had suspicions this tenant might stop paying given the current ban on evictions.

    The tenancy is now rolling monthly so they can give a months notice to leave if they choose to. The tenant isn't communicating any issues so I think its got to the point where I might have to issue a section 21 notice. I don't like to do this at this time and I think if I do this I definitely will not get any more rent but its possible I won't anyway. Given I need to give 3 months notice now I should maybe do this sooner rather than later. I can't help but feel this person is taking advantage of the situation to get free rent.

    Any advice appreciated thanks.

    #2
    How many S8 notices for arrears have you already served? If not 3, why please?
    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


      #3
      I would tell them that your policy is always to pursue rent arrears and if these remain unpaid, that will result in a CCJ against them and destroy their credit rating.

      Comment


        #4
        Not much you can do currently, if you had acted quicker previously you may have got rid of the T, but now you will have a T who is most likely be there for at least the next 6-9months rent free.

        I would suggest a re-payment plan, is probably your best bet, but every month you should send them an letter (email/post) on their outstanding amount as it accumulates. Do you have the T's parents as Guarantors?

        Comment


          #5
          Just a thought for those more up with the current situation. . . Although a Section 8 now has a 3 month, instead of 14 day, notice period, it can still be served can't it? To put the (insert swear word) up them?

          Amy131, do you have any guarantors? How much deposit do you hold (months worth?)

          Comment


            #6
            The deposit covers one months rent. I don't have any guarantor agreement. I haven't previously issued any notices. This is a 21 year old tenant and it is their first time renting a place away from home, hence some reluctance on my part to issue formal notices. Its the first time I have had a tenant who has been late paying rent.

            I got in contact again today and made this tenant aware that their tenancy is rolling monthly now so only one months notice is needed from them. I mentioned being aware many students had moved to stay with families at this time, which I thought was likely in their case as others hadn't seen them for a few weeks.

            The tenant has just paid and explained they are at their parent's currently and plan to move when they can but haven't been back to the property to collect belongings as they recently had felt unwell. Now they have at least communicated plans to move and it sounds like this might happen soon after the lock down period ends. They appreciated my understanding so hopefully this situation will end amicably. Its been an ongoing worry with this one. I've asked that they keep me informed about their plans. I think going forwards all tenants will need to be in full-time employment.

            If say by the end of April they don't pay again do I still then need to give 3 months notice when issuing a Section 21 or will it be the usual 2 months by then?

            Comment


              #7
              Tell them that rent is due until the expiry of any notice they give.

              Comment


                #8
                Welcome back Snorkerz! Yes, s21 and S8 can still be served, but don't expire for at least 3 months
                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
                  Originally posted by amy131 View Post
                  I got in contact again today and made this tenant aware that their tenancy is rolling monthly now so only one months notice is needed from them.
                  It's actually a minimum of a month ending on the last day of the tenancy period, although you are free to accept any notice you are happy with.
                  If say by the end of April they don't pay again do I still then need to give 3 months notice when issuing a Section 21 or will it be the usual 2 months by then?
                  The three month term is contained in legislation that times out in three months (so June) unless parliament extends it another three months - which it can carry on doing forever in theory.
                  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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