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    New Covid rules

    Hiya. Can anyone give me any advice please? We have a rental property on a shorthold tenancy. Tenant has always been regular as clockwork with the rent - funded by a forces pension he receives. I would say that he is not a very stable personality either. We didn't get the rent in April. My husband has spoken to him several times and he keeps coming up with excuses and is now totally ignoring our calls and texts despite us saying that if he has a problem we want to help him. He says he did not get his pension payment at the end of March, hence no rent for us. I find that hard to believe, personally. Anyway, we now live 200 miles away from the property which was 2 miles down the road before. We have decided to sell it as running it is too problematic and we are now old and do not need all this hassle and the money would be very useful now we are retired.

    I was going to wait until early May and if we don't get that months rent on the 1st do a claim in the Small Claims Court. Also we need to serve notice to quit, a Section 21 notice I understand. This would have given 2 months notice to quit but I believe it was increased to 6 months under Corona legislation. Is this still the case? Also I read somewhere that to do a Section 8 (?) notice (where there are rent arrears) at the same time is also a good idea.

    I would appreciate any views/advice/best practice. Thank you in advance.

    #2
    The notice period for a section 21 notice is currently 6 months.
    The same is true of most section 8 notices (exceptions are for anti-social behaviour or more than six month's rent owed).

    Two points which occur (feel free to ignore this, it's not what you asked):
    It's better to talk to the tenant and tell them what you plan than starting off with formal notice (which has limited scope for an explanation).
    Six month's is probably long enough for a tenant to find somewhere else to live (which is better than the "normal" two months, but if there is an issue with their pension, being homeless as well might be an issue.

    If your tenant doesn't leave when you serve notice, you'll have to go to court to enforce it, which can be very stressful, and there are lots of things it's possible to get wrong in the process of serving valid notice.
    If you're not sure what you're doing, get a specialist company or solicitor to do the work for you.
    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
      If he is ex forces, his pension would not just “not go in”. If evicting him would put him in trouble with regards to being homeless etc, do some research there are plenty of veterans charities that can help him, British Legion etc and have a chat with him and point this out.

      Comment


        #4
        The local branch of SSAFA would be the ones to contact, and the local authority can also help with grants but if your tenant won't engage nobody will be able to help. Perhaps try a very carefully worded letter offering help and support before issuing a notice.

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          #5
          As said above, try to talk to him but it appears he has already started to pull up the drawbridge !!! Be prepared for no rent once you tell him you are selling and if this idiot govt extend the ban again then bank on a least a year to get the property back (without rent).

          Comment


            #6
            I thought you might be interested in how this has panned out . . .so far!. I sent a carefully worded letter. We have had no response, He does not answer calls or messages. A friend went round and he said he was "trying to get the rent together". He also said he had been ill and in hospital 2 days. Friend said he looked ill. He really does not want to talk to us or respond to our offers of help. But, he has paid the rent in full this month so that gives credence to his missing pension story?

            However we have decided that we want to sell the property, all this messing about from a distance is too much at our ages. The S21 notice is currently 6 months but that legislation runs out on 31st May so may wait until after then to see if the notice period comes down. Any views anyone?! We will maybe tell him that we want to sell the property and why and suggest that it might be prudent if he looks for new accommodation.

            Comment


              #7
              I agree that waiting until the end of this month is sensible, i have my doubts that the govt have the courage to end it but i may be surprised, i still do not accept his pension would just stop for one month, more likely he went on a '' bender '' and spend the rent, i agree that getting out is the right thing to do, if i lived as far away as you i would have sold before i moved. All the best with this.

              Comment


                #8
                Thanks. Yep, should have sold before we moved. That was my view but my husband could not bear the thought of paying the CGT. Me , I would have just bitten the bullet as it will have to be paid sometime. We had not had any problems with him for over 4 years though, that is what persuaded me not to!

                Comment


                  #9
                  Do you think your tenant might be suffering in some way with a mental health issue?

                  As they are ex-forces could it be something to do with that?

                  Or maybe dementia?

                  When dementia first 'hits' it can be difficult to see that that's the problem.

                  Comment


                    #10
                    The CGT situation is only likely to get worse.

                    Comment


                      #11
                      Yep, tenant most probably has mental issues from what I hear, but odd, but hospital stay is due to physical not mental problems. CGT - agreed. Notice will be given as soon as it becomes clear what is being done with extended notice periods. His latest is to text and say he will ring later but he never does. Have lost patience.

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