Non payment of rent after Notice

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  • Non payment of rent after Notice

    hi all,
    need urgent advice. I've given my (unreliable) tenants their 2 months Notice on the 1st of April.

    After various promises and excuses I still haven't received a penny from them for this month. Unfortunately I've been abroad for most of the month and am only returning this Sunday (27th) and intend to pay them a visit.

    What's the best/only way to deal with this situation? This is the first time in 4 years of letting that this has happened to me.

    Many thanks,
    Jazz

  • #2
    Maybe they thought your possession notice was an April fools!
    ( Only Joking! )

    Pay them a vist, ( Be Nice! ) advise them that they still need to pay the rent even though they are leaving the property, have a 'Final Notice' type letter in red ink to hand to them, given them 7 days to pay or you will pursue the matter via the small claims court.

    A couple of questions.
    Do you have rent guarentee Insurance?
    Do you have a guarentour?

    Comment


    • #3
      Originally posted by Jazz View Post
      need urgent advice. I've given my (unreliable) tenants their 2 months Notice on the 1st of April.
      What sort of notice?
      What date did the tenancy start?
      Are they still in a fixed term?

      Unfortunately, it is quite common for a number of notices to be invalid. This is because legislation, backed up by case law, makes the accuracy of notices and the dates quoted within of prime importance.

      If your notice was invalid, you only have a few days to sort it before they get another month - if the dates run to the calendar.
      On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

      Comment


      • #4
        Thanks for your reply.
        I've given them Notice 21(4)a Periodic Tenancy as they were in their 8th month at the time (started on the 1st of August 07).

        I assumed that was the right one to give. Was I wrong??

        Comment


        • #5
          Originally posted by Jazz View Post
          Thanks for your reply.
          I've given them Notice 21(4)a Periodic Tenancy as they were in their 8th month at the time (started on the 1st of August 07).

          I assumed that was the right one to give. Was I wrong??
          Looks like your notice was invalid. To be sure, you need to answer specifically the questions I asked above. I, or others, can then give you a specific answer.
          On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

          Comment


          • #6

            I made sure they didn't!!
            Unfortunately i don't have a guarentour or a Rent Guarentee Insurance. These tenants (all for of them) were found for me via an Agency (useless). Also I found out via another Agent who will be marketing the property again that they are in breach of contract as they've turned my two bedroom flat into a three bedsit one!!

            Comment


            • #7
              Originally posted by Esio Trot View Post
              Looks like your notice was invalid. To be sure, you need to answer specifically the questions I asked above. I, or others, can then give you a specific answer.

              I don't unerstand why?! I've used this before..

              Notice Requiring Posession under Periodic Assured Shorthold Tenancy - Housing Act 1988 section 21(4)a
              Tenancy Started: 01 August 2007
              Fixed Term: 6 Months (over end of January)

              Comment


              • #8
                Originally posted by Jazz View Post
                I don't unerstand why?! I've used this before..

                Notice Requiring Posession under Periodic Assured Shorthold Tenancy - Housing Act 1988 section 21(4)a
                Tenancy Started: 01 August 2007
                Fixed Term: 6 Months (over end of January)
                Term begins 010807.
                Term ends 310108.
                As for the s.21(4)(a) Notice:
                a. on what date was it served; and
                b. what expiry date did it state?
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                • #9
                  Originally posted by jeffrey View Post
                  Term begins 010807.
                  Term ends 310108.
                  As for the s.21(4)(a) Notice:
                  a. on what date was it served; and
                  b. what expiry date did it state?
                  My thoughts were that service and expiry might be a problem as the OP's initial post said:
                  Originally posted by Jazz View Post
                  I've given my (unreliable) tenants their 2 months Notice on the 1st of April.
                  On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

                  Comment


                  • #10
                    Originally posted by Esio Trot View Post
                    My thoughts were that service and expiry might be a problem as the OP's initial post said:
                    So the Notice should have:
                    a. been under s.21(4)(a) [was it?]; and
                    b. shown expiry date of "after 31 May" (if that's two months- cutting it fine!) or "after 30 June".
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

                    Comment


                    • #11
                      Originally posted by jeffrey View Post
                      So the Notice should have:
                      a. been under s.21(4)(a) [was it?]; and
                      b. shown expiry date of "after 31 May" (if that's two months- cutting it fine!) or "after 30 June".
                      a. notice under s.21(4)(a) yes!
                      b. was served on the 31st of March. Expiry date 31st of May.

                      since I have managed to collect April's rent but am not holding my breath for May. There have been some other issues (Central Heating) which seems to be their reason for not paying last month. they are trying to say that the Corgi Engineer I provided to fix it, didn't do a proper job(which he adamantly denies!). The Engineer tells me that the system was tampered with when he went around the 2nd time.
                      I'm going there tomorrow with him and have asked for one of them to be there. it's all getting rather complicated and very stressful..

                      Comment

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