tenant consistently late rent what to do?

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  • tenant consistently late rent what to do?

    Hi All


    I have a tenant who is on a 6 month contract and i have a guarantor aswell.
    The tenant has paid or her guarantor but its usually 10 to 15 days late each month since the contract started. They pay by standing order but i don't think they ever started it just pay it into the bank i think.

    The contract started on the 26th November 2008 and finishes on the 26th may 2009.

    Tenant is now 19 days late they ignore phone calls and so does the guarantor if i do manage to get them to answer the phone they say it will be paid the next day and that is usually a lie.

    As the contract comes to a end on the 26th may 2009 i would like to have them leave and of course pay what they owe.

    What should i do?
    what notices should i give to them?
    Do you need any more information?

    And the deposit is protected with the DPS.

    Thanks for any advice you can give me.

  • #2
    Serve them with a S21,1,b. now saying that you require possession after 25th May 2009.

    Make sure you use the word after.

    You can download a form from this site.

    If they do not leave by that date you can then start proceedings immediately.

    Try to deliver the notice by hand and have a witness, failing that, registered post.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


    • #3
      Originally posted by jta View Post
      Serve them with a S21,1,b. now saying that you require possession after 25th May 2009.

      Make sure you use the word after.

      You can download a form from this site.

      If they do not leave by that date you can then start proceedings immediately.

      Try to deliver the notice by hand and have a witness, failing that, registered post.

      OP states that the tenancy ends 26th May, so the notice should require possession after that date. It may be that he/she has got the date wrong, because an end date of the 26th means the term of the tenancy is 6 months and one day, rather than the more conventional 6 months, but if it does end on the 26th, then that is the date to put on the s.21 notice.
      Health Warning


      I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

      All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

      Comment


      • #4
        thanks for your replies yes i just checked the tenancy agreement and it does in fact run for 6 months and one day which is my mistake.




        so i'll put that i require possession after 26th May 2009

        cheers

        Comment


        • #5
          Originally posted by agent46 View Post
          OP states that the tenancy ends 26th May, so the notice should require possession after that date.
          I stand corrected.
          I offer no guarantee that anything I say is correct. wysiwyg

          Comment


          • #6
            Better also serve a Notice under s.8, using grounds 8/10/11 as applicable. The Notice period is only two weeks, rather than two months.
            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


            • #7
              hi

              i served a section 21 and had a witness when i gave it to her, And when she got to 2 months behind with her rent i served a section 8 but she was not in so i posted it also had a witness.

              i informed the guarantor by posting her a letter and sending a text.

              and now the guarantor has been informed me that the tenant has left the property this month (sent by by text)

              The contract was till the end of may.

              The guarantor wants to pay me the outstanding rent minus the deposit
              but i know for a fact that the house is damaged and the deposit is protected with the dps so i dont think i could use any of that to pay the rent thats owed as i would need to take the damages out of that and she could contest it aswell.

              What would you advise me to do as i don't want to go to the property as i have only had a text no keys back or anything and no contact with the tenant.

              i don't want to get my self into a situation by entering the property as you never know it could be a trap!

              any suggestions on what to do

              Comment


              • #8
                Do not enter until there's conclusive evidence that the tenancy has ended. Only then will rent stop running; you ought to force G to pay it all.
                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 silent1 View Post
                  The guarantor wants to pay me the outstanding rent minus the deposit but i know for a fact that the house is damaged and the deposit is protected with the dps so i dont think i could use any of that to pay the rent thats owed as i would need to take the damages out of that and she could contest it aswell.

                  What would you advise me to do as i don't want to go to the property as i have only had a text no keys back or anything and no contact with the tenant.

                  i don't want to get my self into a situation by entering the property as you never know it could be a trap!
                  Dead right there. Sounds like you're in contact with the guarantor - if the tenant is playing possum with you, I should mention to the guarantor that you can't even begin to consider the tenancy to be ended because you haven't had the key back. Hopefully that will prompt the guarantor to contact the tenant and prod her into returning it at least.

                  Comment

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