I am a new landlord in trouble

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    I am a new landlord in trouble

    Hallo everyone

    I have rented the flat where I used to live for 5 years to a couple. They never used to pay on time usualy 5-10 days later and we always have a dispute when this happened. They are supposed to pay on every 18th of the month. They didn't pay in May and I am still waiting (20 days later). I said to them to find another plase as they are not goog tenants but they ignored me and said to me to take them to court and that I should give them S21 to stay 2 monts more. I am sure that they wont lieve, because this happened before and I do not want to lose more money. I already paid 2 morgages this month and if this continues I will sure get repossesed as the time is now so fifficult. Shell I give them S8 for 10 or 14 days? Do I need a wittnes when I am doing this. Also can I go in the property without notice? In the AST agreement it says: "If at any time the rent or part of the rent shall remain unpaid for 14 days after becoming payable or if any agreement or obligation on the tenant's part shall not be performed or observed then the Lanlord may re-enter upon the Premises and thereupon the tenancy shall be determined but without prejudice to the right of action of the Landlord is respect of the breach of the Tenanat's agreement and obligations."
    Will I be in trouble if I get myself in? The tenancy is for a term of 12 months until 18 Sept 08 with a break clause of six months.
    I am new to this site and need an advise. Please help.

    Regards
    Nev

    #2
    Hi Nev if you take 5 mins and have a look on here you will find all the answers to your question.
    What i write is what i think....If you need solid info PAY A SOLICITOR!!

    Comment


      #3
      Hi Nev

      My best bit of advice to you is that you should join the RLA

      www.rla.org.uk

      All the help and advice you need is more easily available there, you also have access to a helpline.

      But by the sounds of things you might be best serving a correctly filled in S21 notice, but BE SURE it is correct in every detail. notes on how to complete the forms are given on the RLA website.

      good luck

      Comment


        #4
        dont let yourself in - this may be seen as harrassment of the tenants

        Comment


          #5
          Originally posted by Nev View Post
          Hallo everyone

          I have rented the flat where I used to live for 5 years to a couple. They never used to pay on time usualy 5-10 days later and we always have a dispute when this happened. They are supposed to pay on every 18th of the month. They didn't pay in May and I am still waiting (20 days later). I said to them to find another plase as they are not goog tenants but they ignored me and said to me to take them to court and that I should give them S21 to stay 2 monts more. I am sure that they wont lieve, because this happened before and I do not want to lose more money. I already paid 2 morgages this month and if this continues I will sure get repossesed as the time is now so fifficult. Shell I give them S8 for 10 or 14 days? Do I need a wittnes when I am doing this. Also can I go in the property without notice? In the AST agreement it says: "If at any time the rent or part of the rent shall remain unpaid for 14 days after becoming payable or if any agreement or obligation on the tenant's part shall not be performed or observed then the Lanlord may re-enter upon the Premises and thereupon the tenancy shall be determined but without prejudice to the right of action of the Landlord is respect of the breach of the Tenanat's agreement and obligations."
          Will I be in trouble if I get myself in? The tenancy is for a term of 12 months until 18 Sept 08 with a break clause of six months.
          I am new to this site and need an advise. Please help.

          Regards
          Nev
          ok you cant serve a s8 yet as 2 months rent are not due, you will have to wait until 18th June to do this and if the rent is not paid then you can issue S8, however if they pay one months rent then you cannot use S8 in court. best to serve S21 now, its not just a case of telling them to find somewhere else - you have to serve them the correct legal notices and please ensure you do some research and get the dates right otherwise it could take a lot longer to get possession of the property.

          under no circumstances should you enter the property unless you want the police knocking at your door - your tenants seem to know the law and thus you need to do things properly.

          good luck.

          Comment


            #6
            Nev

            Just to clarify:
            a. how much is rent per month;
            b. when was account last up-to-date; and
            c. what is current figure for rent unpaid, i.e. including all rent that has fallen due to date? If this exceeds two months' rent, no matter how the amount unpaid arose, you would have g8 as well as g10/11 for your s.8 Notice.
            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).

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