Rent arrears

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    Rent arrears

    Hi First post here, as having tenant issues.

    I have a tenant who missed rent in Nov and half a month in Jan but other than that he paid his rent in between. Which I was ok with as he had changed job and it all seemed to be back on track and would catch up eventually. Now Covid is here he has lost his job until everything is back to normal and he was only contracted a few hours a week and the rest was self employed. So now he hasn't paid his rent for April and doesn't really respond to any messages. I have offered to do a reduced rent till he has back at work and offered for him to come up with a plan that suits him, but no response.
    I don't really want to put pressure on during a time like this, but by him not responding to offers of reduced rent etc there isn't much I can do. I know evictions are not allowed for the next 3 months which could be longer but am I right in thinking you can serve 3 months notice and maybe he leaves or by that time the eviction process is possible again.

    What would other people do in this situation?

    Many thank

    #2
    Yes you can issue a S21 at this time to give 3 months notice to leave. An S8 can also be issued in respect of the missed payment. If hes not communicating I don't think hes left you any choice but to issue the S21 and maybe S8 also.
    It sounds like this tenant may genuinely not be able to pay their rent and I understand the government payout for those who are self employed won't start until June and that is going to depend on how much they declared to HMRC in the past.

    Comment


      #3
      Originally posted by amy131 View Post
      Yes you can issue a S21 at this time to give 3 months notice to leave. An S8 can also be issued in respect of the missed payment. If hes not communicating I don't think hes left you any choice but to issue the S21 and maybe S8 also.
      It sounds like this tenant may genuinely not be able to pay their rent and I understand the government payout for those who are self employed won't start until June and that is going to depend on how much they declared to HMRC in the past.
      I think that is the case, if he said I haven't got any money at this moment but I can pay a small amount when I get universal credit it, I could try to work something out. As he doesn't reply its very difficult, also he won't get that June payment as he hasn't been self employed long enough.
      If I issue both S8 and S21 is it best to get a eviction company to do that, hoping a letter from a legal company has more of an effect? Then do you just wait till that date and if they don't leave then you have to take further action? I'm new to serving notice, I've always had tenants who pay on time luckily.

      Many thanks

      Comment


        #4
        I think I would try one last time to get him to engage before the s21, perhaps letting him know that if you can't work something out you will have to reluctantly serve notice.

        Comment


          #5
          I will try again over this week and send a letter. I just wanted to understand the notice procedure during Covid, I don't want to serve notice at this time really but he has to make a effort to make a plan. Serving notice seems like guaranteeing I won't get any rent for a long time.

          Any other thoughts on this?

          Many thanks

          Comment


            #6
            Originally posted by MP31 View Post
            I will try again over this week and send a letter. I just wanted to understand the notice procedure during Covid, I don't want to serve notice at this time really but he has to make a effort to make a plan. Serving notice seems like guaranteeing I won't get any rent for a long time.

            Any other thoughts on this?

            Many thanks
            This...... you are doing the right thing, parties in this situation have to meet half way but if one does not even want to communicate then there is little left for you to do.

            Comment


              #7
              I have a similar situation. I servedS21 and now have to wait for 3 months. If you don’t serve it now and wait for 3 months then when you serve it after 3 months you will have to wait for another 3 months.

              Comment


                #8
                If the government prolong 3 months notice after 30th June it will be a disaster. It’s better to serve s21 now. It is valid for 6 months.

                Comment


                  #9
                  You need to consider the effect that serving notice might have on a tenant.
                  It's a significant escalation of the situation.
                  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


                    #10
                    What jpkeates is the alternative if they won't engage?

                    Comment


                      #11
                      Originally posted by jpkeates View Post
                      You need to consider the effect that serving notice might have on a tenant.
                      It's a significant escalation of the situation.
                      Yup. Might even get them to pay the rent.
                      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

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