Tenant has accumulated rent arrears and won't leave

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  • Tenant has accumulated rent arrears and won't leave

    Hi,

    I'm new to the forum and am in a bad situation with a tenant. I have a few questions and wonder if anybody can advise.

    Story in brief:

    Tenant in property for almost 2 years, slow to organise housing benefit and quickly fell into arrears. Consistently late or short on her rent top up's. A few agreements were made for her to repay the arrears, she has defaulted on all of them. She has come up with a few lump sums to buy herself more time. Now in arrears of around 2k.
    Section 21 was eventually served, this was supposed to take effect nearly 3 months ago but she's still there. Section 8 will now be served. I'd be willing to write off the arrears if she'd only get out!

    So:

    What are my chances of getting her out under a section 8? This is in south wales, my letting agent says the judge more often than not sides with the tenant. She is a single mum with 3 children and expecting another.
    Everything has been done above board and I have been more than fair with her.

    I have asked to see copies of her references, my letting agent says they can't do this due to the data protection act. Is this true?

    Am considering involving a recommended debt collection agency, any thoughts on taking this route?

    Many thanks for any input or suggestions.

  • #2
    1. When did the fixed term begin?
    2. What was the fixed term?
    3. Was rent due monthly during the fixed term?
    4. When did you serve s.21 Notice?
    5. Was it under s.21(1)(b) or s.21(4)(a)?
    6. Did it show the correct dates?
    7. Did T pay a deposit?
    8. If so, did you protect it?
    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


    • #3
      Hi,

      In response to your questions:

      1. When did the fixed term begin?
      It began 14th of june 2007
      2. What was the fixed term?
      It was 6 months, then changed to a monthly periodic term due to the infrequent payments
      3. Was rent due monthly during the fixed term?
      Yes
      4. When did you serve s.21 Notice?
      Section 21 was served 14th of december 2008
      5. Was it under s.21(1)(b) or s.21(4)(a)?
      It was under section 21 4a
      6. Did it show the correct dates?
      Yes
      7. Did T pay a deposit?
      Yes
      8. If so, did you protect it?
      Yes

      Thankyou!

      Comment


      • #4
        Originally posted by Alfow View Post
        It was 6 months, then changed to a monthly periodic term due to the infrequent payments.
        Eh? Do you mean that the fixed term:
        a. was terminated by agreement, and a new periodic tenancy granted in its place; or
        b. expired, and a statutory periodic tenancy followed?
        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


        • #5
          Originally posted by jeffrey View Post
          Eh? Do you mean that the fixed term:
          a. was terminated by agreement, and a new periodic tenancy granted in its place; or
          b. expired, and a statutory periodic tenancy followed?
          Yes it expired and a statutory periodic tenancy followed. Wanted to give her a chance to catch up but also wanted the option of getting her out.

          Comment


          • #6
            Also can you advise if the letting agent is correct about showing me the references being a data protection issue. Even if he were to blank some of the persons details?

            Comment


            • #7
              Originally posted by Alfow View Post
              Also can you advise if the letting agent is correct about showing me the references being a data protection issue. Even if he were to blank some of the persons details?
              There was a similar query a few weeks back - here is the response:

              http://www.landlordzone.co.uk/forums...nant+reference

              Comment

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