N5B just issued and tenant 'says' will pay the rent

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  • N5B just issued and tenant 'says' will pay the rent

    I have just submitted the form N5B at the county court seeking possession of my property as despite efforts to contact the tenant over the last month they have not responded.

    I have just received an email promising to pay the rent on monday and wondered what my next move should be.

    Specifically if I am successful in obtaining the possession order do I have to implement it or if the tenant does bring the rent up to date can I allow them to stay. Will the order remain in force or will I have to go through the process again if I need to get possession at some stage in the future?

    Many thanks

    Scribbler

  • #2
    The promise to pay is probably only a ruse. When you get the money in your hand/account, then believe it. Until then, I would say continue with the possession action until you are granted it. you don't have to implement it straightaway, but use it as a stick/carrot (whichever way you want to look at it). If for example the T pays up or you come to a mutually agreeable arrangement, then don't implement. if T fail to comply, get the bailiffs in and get your property back.
    Last edited by havensRus; 30-10-2009, 21:00 PM. Reason: point added

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    • #3
      I agree with HavensRus, with the added comment that I think if you get an order for posession you have quite a long time to enforce it.

      What this means is - T pays up to date but misses rent next August. No need for a new order, you just implement the existing one - T gone in record time!

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      • #4
        cat and mouse

        if the tenant keeps the arrears at just under two months rent, there's not much you can do mid-term other than decline to renew

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        • #5
          Originally posted by quarterday View Post
          if the tenant keeps the arrears at just under two months rent, there's not much you can do mid-term other than decline to renew
          Not so. L can serve a s.8 Notice on ground 10 (and 11, if applicable)- although these are discretionary grounds only.
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          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.
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