HB tenant's arrears; she's damaged the premises too

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    HB tenant's arrears; she's damaged the premises too

    hi iam new to this site so hi to everyone well i have a tenant which this on a shorthold agreement which runs out the 13 feb 2010 ,she this on hb and her rent day this 13th every month but as she gets hb the agent moved her rent day till the end of the month with asking me ,the agent said that she will go up every 2 weeks to get the rent but before christmas she went to get the rent and the tenant spent her money from the hb on christmas presents.the agent failed to tell me till after boxing day.so i was very unhappy with agent which this person that my wife knew ,i did that not sign any agreement with this agent so i told her she could run a bath never mind a letting agency lol and we dont need her services!mean while the tenant has damaged the front pvc door which looks like some has tired to break in .the panels are damaged the door needs to be replaced about £300.00 any ideas how to get the tenant to pay!!!! or do we claim on the house insurances.
    i have told the tenant that i will get the rent, so went to get the rent on newyears eve and she had only half the rent and she said i pay next week and i am still waiting i need this woman out please help.also i have complaints from neighbours about noises at 5am. many thanks to all

    #2
    Originally posted by brightspark View Post
    hi iam new to this site so hi to everyone well i have a tenant which this on a shorthold agreement which runs out the 13 feb 2010 ,she this on hb and her rent day this 13th every month but as she gets hb the agent moved her rent day till the end of the month with asking me ,the agent said that she will go up every 2 weeks to get the rent but before christmas she went to get the rent and the tenant spent her money from the hb on christmas presents.the agent failed to tell me till after boxing day.so i was very unhappy with agent which this person that my wife knew ,i did that not sign any agreement with this agent so i told her she could run a bath never mind a letting agency lol and we dont need her services!mean while the tenant has damaged the front pvc door which looks like some has tired to break in .the panels are damaged the door needs to be replaced about £300.00 any ideas how to get the tenant to pay!!!! or do we claim on the house insurances.
    i have told the tenant that i will get the rent, so went to get the rent on newyears eve and she had only half the rent and she said i pay next week and i am still waiting i need this woman out please help.also i have complaints from neighbours about noises at 5am. many thanks to all
    I would serve her a S21 immediately - this gives you possession after 2 months.

    However i would also serve her with S8 under grounds 10 and 11 and 2 weeks after you serve this you can apply for a court order for possession. You can do this on-line, cost of £100, PCOL WEBSITE.

    ensure all your paperwork is in order, deposit protected if its required to be by law.

    Comment


      #3
      need help with tenant

      hi can any help me with this tenant she this paid every two weeks from hb
      she missed a payment at the beginning of dec 2009 i contact her and she said she spent it on christmas presents then newyear eve i got a payment from her but only one paymemt & not anything from missed payment.last week on thursday she missed a payment and she said i have no money (sob story)so now she this 4weeks inarrears and she said that she will pay in a fortnight so this makes her £712.50 in arrears she said i will pay £500.00 i have contacted the council and competed a 8 week inarrears form and sent in with my rent book .in her assured shorthold tenancy agreement it stays that on the event of any rent being in arrears for a least 14days,whether expressly demanded or not ,or any other breach by the tenant ofthe terms of this agreement,the landlord may re-enter and take possession of the premises and terminate this agreement without prejudice to his rights to recover all unpaid rent and other damages liable throught any other breach of the terms of this agreement.she as also damaged the front pvc front door
      her tenanancy agreement runs out on the13 feb2010 i need this woman out and get my rent arrears back can any help

      Comment


        #4
        Your AST provision to enter the property would be unenforceable I'm afraid.

        Non payment of rent is one of several grounds for eviction in section 8 of the 1988 Housing Act.

        As soon as the tenant has 2 FULL months (if payment is due monthly) or 8 weeks (weekly) unpaid, you can serve them with a section 8 notice under grounds 8, 10 & 11. 14 days later, you can apply to the court for a possession order using the Possession Claim Online website at a cost of £100. NOTE: Unpaid is not the same as arrears E.G. - Nov 1 rent missed, Dec 1 rent missed, start process on Dec2.

        It will take around 4 to 6 weeks before the hearing takes place, but so long as there is still 2 months unpaid, you will get a guaranteed possession order under ground 8. If some rent has been paid, the judge can consider giving you a possession order under grounds 10 or 11. The judge can order the tenant to repay the missing rent too.

        If the judge grants a possession order, the tenant will be given at least 14 days to go. If the tenant still refuses to go, you will have to employ court bailiffs, which is more expense and time.

        You should also look at the section 21 process, but s8 is usually the quickest option.

        DO NOT be tempted to use any process other than shown above. to do so will almost certainly be illegal eviction, which is a criminal offence.

        Comment


          #5
          The term in your AST which gives you power to re-enter the property under the circumstances described is an illegal term and cannot be used. The only way you can get rid of this tenant is by obtaining a possession order and then, if necessary using county court bailiffs to enforce it. As she would appear now to be eight weeks in arrears, you can use section 8 (10 and 11) to obtain the possession order, however as she is always promising to pay what she owes, then she just might manage to do this before the court hearing involved thus the action will not proceed. Thus you are advised to use section 21 as well. two months notice is required in this case, but the grant of the possession order is much more certain provided you get your dates right and you have protected her deposit in an approved scheme. There is tons and tons of reading about these processes on this board.

          P.P.
          Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

          Comment


            #6
            Originally posted by brightspark View Post
            .in her assured shorthold tenancy agreement it stays that on the event of any rent being in arrears for a least 14days,whether expressly demanded or not ,or any other breach by the tenant ofthe terms of this agreement,the landlord may re-enter and take possession of the premises and terminate this agreement without prejudice to his rights to recover all unpaid rent and other damages liable throught any other breach of the terms of this agreement.
            The AST cannot contravene housing law. If you attempted to do what it says in the AST, this would constitute illegal evicton.

            If you intend to remove the T, serve the relevant notices; s.8 & s.21.

            It may help others if you punctuated your sentences.
            The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

            Comment


              #7
              help with tenant

              thanks for your help ,we do i issue a section21 at the end of the tenancy agreement are now! she stays in her text that she this leaving in 4 weeks but when i text backl to stay i need it writting then she text and she will when she a finds a new place,so i think she will do a runner how can i stop her doing this and if she does how can i find her her ast runs out on 13 feb

              Comment


                #8
                Originally posted by brightspark View Post
                we do i issue a section21 at the end of the tenancy agreement are now!
                Serve a s.21(1)(b) now.
                The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

                Comment


                  #9
                  Originally posted by P.Pilcher View Post
                  The term in your AST which gives you power to re-enter the property under the circumstances described is an illegal term.
                  No, it's not.
                  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


                    #10
                    Originally posted by jeffrey View Post
                    No, it's not.
                    But it is unenforceable - no?

                    Comment


                      #11
                      Originally posted by Snorkerz View Post
                      But it is unenforceable - no?
                      It is potentially enforceable, as are all other clauses. However, the defendant might seek to apply the nonsensical OFT guidelines.
                      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


                        #12
                        Originally posted by brightspark View Post
                        thanks for your help ,we do i issue a section21 at the end of the tenancy agreement are now! she stays in her text that she this leaving in 4 weeks but when i text backl to stay i need it writting then she text and she will when she a finds a new place,so i think she will do a runner how can i stop her doing this and if she does how can i find her her ast runs out on 13 feb
                        If you serve your section 21(1)(b) now, the earliest you could ask for possesion is 21/3/10, irrespective of the date on your tenancy agreement. That's when you can start your court proceedings. Timescale and routine are similar to my post above about s8 (cost slightly more), but there is likely to NOT be a hearing and the judge can't award you your missing rent (have to do that separately - google MCOL).

                        To use the s21 process, any protectable deposit must be protected.

                        Comment


                          #13
                          Originally posted by Snorkerz View Post
                          To use the s21 process, any protectable deposit must be protected.
                          Plus, if it's a HMO, the Local Authority must have recorded it as such- or else the s.21 Notice is invalid.
                          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


                            #14
                            T has damaged my property- how do I evict her?

                            need help to get a tenant out due to her h/b have stopped and she has caused damadged to my house,ie painted union jacks on bickwork,broken gate ansd wall ,she this a single mother with 3 kids (2xboy 1 girl 16yrs who this a bout to have ababy) her h/b has stopped on the 4 june and the h/b have told me she has not filled out the forms , i have been around and she told me she has filled out e forms but she this this bull shitting me , so i have issued her a section 21 and 2 months notice ,but she said she will not leave so i need her out!!! her short term agreement ran out in jan2010 many thanks for any help

                            Comment


                              #15
                              Originally posted by brightspark View Post
                              need help to get a tenant out due to her h/b have stopped and she has caused damadged to my house,ie painted union jacks on bickwork,broken gate ansd wall ,she this a single mother with 3 kids (2xboy 1 girl 16yrs who this a bout to have ababy) her h/b has stopped on the 4 june and the h/b have told me she has not filled out the forms , i have been around and she told me she has filled out e forms but she this this bull shitting me , so i have issued her a section 21 and 2 months notice ,but she said she will not leave so i need her out!!! her short term agreement ran out in jan2010 many thanks for any help
                              You need to clarify for us the exact dates of the tenancy agreement and which rent payments she has missed so far? Does she owe any other rent apart from the recently missed payments? I presume the tenancy provides for rent to be paid monthly in advance?

                              Comment

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