Tenants struggling to pay rent...payment plan or move them on?

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    #46
    My problem is the tenant is refusing to communicate so I have no idea what his situation is. He has been quite good in the past and I would be prepared to come to some arrangement with him but he doesn't seem to realise communication is a two way thing. All I have had so far is he can't afford to pay and will represent himself in court (not quite sure what he means by that).

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      #47
      What arrears, if any, are they please?

      Tenant doesn't have to reply to letters, emails, voicemail, legal notices. Just follow the process and get him into coury
      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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        #48
        Stew - my tenant is wealthy. Lives alone. Does not want either to pay or move out. Using the situation. Hope to get him CCJ. He is worth it. No point in talking. Uses special techniques to accuse you of something you have not said so as to divert attention from the main subject and to incriminate you so as to use this later in court. Best not to talk.

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          #49
          Originally posted by Perce View Post
          Stew - my tenant is wealthy. Lives alone. Does not want either to pay or move out. Using the situation. Hope to get him CCJ. He is worth it. No point in talking. Uses special techniques to accuse you of something you have not said so as to divert attention from the main subject and to incriminate you so as to use this later in court. Best not to talk.
          Agree also with flyingfreehold if I was trying to reclaim money I would look at the situation of the person....

          If as you say the tenant is wealthy and just does not want to pay and wants to use the current situation to take advantage then I would have no hesitation in taking them to court if as a landlord I was not at fault.

          How long has the tenant been with you and what do you think started off the current cause of action not to pay?

          As everyday goes on I find out I know less and less about human beings!

          All the best Stew.

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            #50
            The tenant does not want to disclose anything. As soon as the ban on evictions was introduced he said he would not pay. Before he was paying although after reminding him. Did not answer email requesting to produce evidence. If bailiffs are not working now what is the point to apply to small claims court to enforce a judgement ?

            the tenant was with me just for 11 months. AST for 1 year.

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              #51
              Originally posted by Perce View Post
              The tenant does not want to disclose anything. As soon as the ban on evictions was introduced he said he would not pay. Before he was paying although after reminding him. Did not answer email requesting to produce evidence. If bailiffs are not working now what is the point to apply to small claims court to enforce a judgement ?

              the tenant was with me just for 11 months. AST for 1 year.
              I try my best to search for the positives in every experience,, so with that in mind you have 11 months rent so you are 'up' hopefully, having to remind someone to pay rent is not a great experience and I am making a big assumption here there you are meeting all your obligations, in terms of maintaining the property.

              Money Claim is still working - https://www.gov.uk/make-money-claim as my friend went through the process for something unrelated to renting and after no response from the claimant following 21 days the costs/claims were awarded. If not paid within a month of the award that would generate a CCJ on the persons credit file. If the person is well off but not independently weathly this would give them a concern and thay may be likely to pay. Equally they can submit a defense to money claim if they so wish. Note this will not get them out of your property just attempt to collect the debt which if paid will then give then a right to stay (I think) as arrears will be paid.

              I've never used this for rent but if it's clear cut and you have a statement showing no rent has been paid etc and it's owed then I would think it is worth a go (I would certainly try it if I needed to). Others may have more experience. It's always hard to see both sides of the story from a forum like this but IF and that's a big IF they have the ability to pay and are just telling you to shove it as they are playing the game then I would persue.

              If this was someone with a disability, mental or physical or elderly or someone with real problems I would try and take a less harsh approach. With no reply this may be difficult to work out though. If for some reason you have fallen out with them you may be best asking someone to help mediate to take any "heat" out of the situation.

              Just my personal view I'm sure others will confirm if this is good advice or not (hopefully)

              All the best Stew

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                #52
                Stew

                He has not paid for 3 months and has no plans to pay in future and has no payments plans. He is not disabled or lost his job. The flat is immaculate. All new. But he knows about non evictions and it suits him. Nobody can make him pay.

                So far no reaction to impending proceedings if he does not pay. Will issue money claim soon.

                I have to wait until evictions restart. Hopefully they won’t extend the ban but I don’t have much hope. I have already served s21 and s8. If he pays which I don’t expect him to I can use S21 to get him out.


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                  #53
                  Originally posted by Perce View Post
                  Stew

                  He has not paid for 3 months and has no plans to pay in future and has no payments plans. He is not disabled or lost his job. The flat is immaculate. All new. But he knows about non evictions and it suits him. Nobody can make him pay.

                  So far no reaction to impending proceedings if he does not pay. Will issue money claim soon.

                  I have to wait until evictions restart. Hopefully they won’t extend the ban but I don’t have much hope. I have already served s21 and s8. If he pays which I don’t expect him to I can use S21 to get him out.

                  Make sure you have some professional advice before issuing money claim I would not want to impact your S8 or S21

                  All the best Stew

                  Comment


                    #54
                    Originally posted by Stew View Post

                    Make sure you have some professional advice before issuing money claim I would not want to impact your S8 or S21

                    All the best Stew
                    Given that any court action on S8 and S21 will be way in the future, I would go for a money claim now..
                    If he does pay sufficient to avoid S8G8 eviction, then that is a positive.

                    I would issue S8 (all arrears grounds) and S21 now and keep all the correspondence saying he's "not going to pay" as evidence that it is not Covid related so if he pays down the arrears just before court action I would continue with the discretionary grounds and try to make it clear to the judge that he is playing the system.

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                      #55


                      In what ways can small claims court impact S21 or S8 ? Does anybody has experienced?

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                        #56
                        Originally posted by Perce View Post
                        In what ways can small claims court impact S21 or S8 ? Does anybody has experienced?
                        If you are pursuing the tenant via the small claims court it can impact a s8 hearing on the same matter.
                        It should have no impact on a s21 hearing.

                        However, as it is now clear that you are not actually going to do anything, other than post here about your problems, it's probably academic.
                        You've let your tenant fall three months into arrears, so four or five months isn't going to make any significant difference.
                        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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                          #57
                          JPKeats

                          I have issued all notices a long time ago + just about to apply to small claims court. How exactly will it impact on S8? I was advised that it wont but maybe you know more.

                          Comment


                            #58
                            Originally posted by Perce View Post
                            JPKeatsI have issued all notices a long time ago + just about to apply to small claims court. How exactly will it impact on S8? I was advised that it wont but maybe you know more.
                            Because you are making two different claims for the same debt.

                            And the possession hearing can decide to wait until the debt issue is resolved elsewhere if it chooses 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).

                            Comment


                              #59
                              Originally posted by jpkeates View Post
                              Because you are making two different claims for the same debt.

                              And the possession hearing can decide to wait until the debt issue is resolved elsewhere if it chooses to.
                              This, don't confuse the issue, do one or the other.

                              Comment


                                #60
                                Small claim court is only about money not possession. None of the legal people I spoke to mentioned there was an issue to use both. I need to verify.

                                Comment

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