Issued s21

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    Issued s21

    Please could I have some advice, I’ve had tenants living in a property of mine that haven’t paid rent since November 2019, I issued them a 8 week notice agreement in February which was signed by myself witnesses & tenants along with s21, also there 6mth agreement ended in March, they have now made clear they are not paying me any rent or moving out due to covid-19,
    I’m not bothered about the rent now just want them out, what’s my next step? Quicker the better ,many thanks

    #2
    If the issue is time use a professional eviction service.

    An "eight week" notice doesn't sound right.
    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


      #3
      I believe you've got to wait 3 months for s21 to kick in now. Maybe see if the courts are running by the appropriate date in May.
      To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

      Comment


        #4
        Quickest is offer surrender of tenancy in exchange for some or all of arrears forgotten.

        But I wouldn't, it rewards crooks & cheats.

        Obviously any reference would be full description
        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


          #5
          Agree with all the above,, from my point of view I would be careful about just ignoring the money owed,,, as someone that takes advantage of the system (I'm assuming they are as they have not paid since November) does not appear to me a nice person.

          The Covid-19 rules are there to help people in genuine need.. do you have a view why they stopped paying in Nov.

          My own simple view (others on here have far more experience than me so take advice before following my view...) is that even if you make an offer to write off the debt then this person/s will drag there feet in moving out.... they will probably say thanks for the agreement to waive the debt but we cannot still move due to regulations,,,, yes you can probably make it condititional but I have a view that when you show weakness to those who abuse the system they just take further advantage of you. If they owe a small amount then it could make sense but otherwise make a claim for the rent later)

          I believe (I hope rather) that when this mess clears a judge will frown upon those who have abused the system and the fact they stopped paying in Nov I would have thought means they owe a fair amount by now.

          I would persue for the eviction the best you can taking some professional advice (some advertise on here,, I watch the show with Paul S (not sure if I am allowed to mention his full name) on it, he did a good webcast the other night).... and then once they are evicted chase for the debt leading to CCJ is they don't pay.

          I would not suggest chasing for the debt before you evict as they might try and plea-bargin the case in court on technicalities.

          I'm not sure if any of the above is good advice but others may confirm if I'm totally wrong.

          I would adopt a very different strategy if this person had fallen ill in November and was not able to provide for the family, then I would assist with claiming benefits and you yourself might be able to raise a claim for housing benefit in your own name.

          Some people when they get ill bury there head in the sand and don't even know what to do,,, so I would be keen to hear what you have been able to find out about the situtation and why they are not paying..

          My view is help people who do really need the help, be kind, offer support, but clamp down hard on those who abuse the system as it totally ruins it for the people that really need help.

          All the best Stew.

          Comment


            #6
            Thanks for the reply’s, I know a little bit about there history, it’s a young couple who moved in and I had trouble from the start ( 3 dogs) when the agreement said no pets.The male was working at a local fast food restaurant & the female as a care worker, after finding out where they worked I rang there managers and was told they just stopped turning in.
            When I’ve spoke to them they come up with every excuse you can imagine, it’s now got to the point where there just not answering, I’m still going round everyday knocking with no reply, I’ve spoken to a local solicitor and he basically said nothing can be done for 90 days
            i don’t want them to think I’m week and a pushover

            Comment


              #7
              If you have an email address for them and phone number I would write an email asking them to explain the situation they find themselves in. Then text to confirm you have sent the email and ask them to check the spam folder if they cannot see it.

              Ask them why they are no longer paying the rent and see if that ties up with what the manager is telling you (sometimes an email gives them chance to think rather than being caught on the hop on the phone).

              I will try and find the link someone posted but if you are confident they are not working I "think" you are within your rights to apply for housing benefit on there behalf. However I am not sure if couples without children are entitled to it (hopefully somebody will confirm). Realise this is not long term solution but it may at least pay something towards the rent. I think this would at least indicate to you if they are already claiming benefits as your claim may be rejected as already being paid to them.

              I would write in the note, that you are keen to understand the problem as that will dictate what actions you now take. Keep it light and brief and ask them to explain there position. No more than a couple of lines, key is to get some communication going if you can.

              If they reply and the housing benefit route does not work out I would then ask to see details of finances so you can work with them regarding lower rent payments so at least you get something moving forwards (and reduce the debt)

              Given the pet situation this couple seem to be happy to not tell the truth,,, I myself think if you don't have a lot of experience in this get some professional help now,,, I would suggest a local solictor not to be the route to follow unless they specialise in evictions. I have nothing against a local solictor but better to find someone who deals with this day to day and get the right documents in place correctly so then when the mist clears they are removed right away.

              Assume they will not leave of own accord so budget for baliffs etc

              I would not waive any money owned as when you get inside with three dogs there may be a lot more you want to add to the final bill. Was an inventory done with photos at move in?

              Check the AST also and see if it allows for inspections with 48hrs notice. If so email them and request one if you have no reply to the first email, if you manage to get in (and I doubt it) then at least you may get more idea regarding what is going on.

              Did you arrange this via an agent or yourself and did the people pass reference checks etc? if an agent is involved what have they done?

              Even though the pet situation looks bad this may turn out a lot different than you think, i.e. one of them could be very ill and the other providing care for them so tread carefully as that situation would need a different approach. Key thing I feel is finding out everying you can,, look for facebook profiles, twitter, walking past etc to glean as much info as you can as to the situation and then decide how to react. You may also want to look at car reg numbers and check online if they are MOT'd and Taxed all will feed into the picture.

              I have no legal training so take advice from others who do so the above is just my personal view but you will have to play detective

              All the best Stew.

              Comment


                #8
                Does tenancy state rent payable weekly, fortnightly or monthly please?

                S21s now expire after 3 months. Not 90 days!!
                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
                  I issued the s21 on 9/2/20 so it runs out in may, the solicitor said the court’s carnt do anything for 90 days due to covid, so I suppose I have to sit back and wait which is frustrating

                  Comment


                    #10
                    Originally posted by MFINNEY1 View Post
                    I issued the s21 on 9/2/20 so it runs out in may, the solicitor said the court’s carnt do anything for 90 days due to covid, so I suppose I have to sit back and wait which is frustrating
                    I'm not an expert but I think you should be issuing an S8 also for each month they miss the rent, I'm sure someone with more experience will advise.

                    All the best Stew,

                    Comment


                      #11
                      Originally posted by MFINNEY1 View Post
                      ...a young couple who moved in and I had trouble from the start ( 3 dogs) when the agreement said no pets.The male was working at a local fast food restaurant & the female as a care worker, after finding out where they worked I rang there managers and was told they just stopped turning in.
                      I'm surprised they passed referencing. They sound very high risk.

                      Comment

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