Help my tenant hasn't paid rent for nearly a year

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    Help my tenant hasn't paid rent for nearly a year

    Hello,
    I was wandering if theres any advice anyone can give. I have a tenant and he still owe me nearly a year's rent. I've contacted him several times and he says he's been made redundant. But that was a few months ago ever since i've been trying to contact him he's never in or answer his phone, his contract ended last month but he is still living at the propery. Is there anything i can do to get him out and then get his rent he owes??
    Thanks

    #2
    Have you served a S8 (g8,10 &11) You can also serve a S21 (4)(b).
    Why have you left it so long?
    I offer no guarantee that anything I say is correct. wysiwyg

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      #3
      Yes i know i've left it a bit late it's just that he said he'd pay but he never did. I did send him a court claim form but he ignored that, can i go and change the locks?

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        #4
        Originally posted by bwan View Post
        can i go and change the locks?
        NO, this would be illegal.

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          #5
          You must go through the correct steps to regain possession, the first thing is to serve the two notices, S8 &21, as above. with S8 you can start proceedings after 14 days, S21 is 2 months. Serve both, if after 14 days the arrears have not been reduced to below 2 months unpaid* apply for a hearing.

          *2 months unpaid is one missed month plus next due rent not paid on the day it is due, you do not have to wait until the full two months have passed.
          The S21 is just in case your S8 fails for any reason.
          I offer no guarantee that anything I say is correct. wysiwyg

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            #6
            Is it an Assured Shorthold Tenancy and, if so, did you protect the deposit? If not, you can't serve notices until the deposit is protected.

            You may wish to consider using an eviction service to deal with the legalities. See
            http://www.landlordzone.co.uk/dir/eviction-services.htm

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              #7
              Also spend a little time this afternoon reading up on these notices, its very important to get them right, search +sword of damocles+ to get as much info as you can, sorry about the punctuation, my keyboards gone wonky, again.
              I offer no guarantee that anything I say is correct. wysiwyg

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                #8
                Thank you for all the advice I'm new to all this as you can tell, this is my first tenant. I will definitely do some research this afternoon. So i can't make him leave or change locks even if the contract ended?

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                  #9
                  Westminster, S8 can be served no matter what he's done with the deposit.

                  Bwan you must have the deposit protected, if it's not you are open to a penalty of 3x the amount. Is it protected?
                  I offer no guarantee that anything I say is correct. wysiwyg

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                    #10
                    Originally posted by bwan View Post
                    Thank you for all the advice I'm new to all this as you can tell, this is my first tenant. I will definitely do some research this afternoon. So i can't make him leave or change locks even if the contract ended?
                    No, absolutely not. That's illegal eviction and you'd be hugely in hot water if you did that.

                    In any case his contract hasn't ended: if the 'fixed term' on your contract has expired, which is what it sounds like, he now has a 'periodic tenancy' which basically gives him the same rights and protection

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                      #11
                      Originally posted by bwan View Post
                      Thank you for all the advice I'm new to all this as you can tell, this is my first tenant. I will definitely do some research this afternoon. So i can't make him leave or change locks even if the contract ended?

                      No, do not do anything that could be construed as harassment. Do not change the locks, do not go round with 'the boys'. That would be illegal eviction and would cost you dearly.

                      Since his contract ended, he is now on what's called a periodic tenancy. You might want to research that term too.
                      I offer no guarantee that anything I say is correct. wysiwyg

                      Comment

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