Part paid rent

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Part paid rent

    I have a tenant who moved in mid Dec 2009, paid a months rent in advance and 1/2 months rent as deposit. This is held with DPS.
    When the rent became due mid Jan, there was nothing paid and no correspondence to say why. I emailed them (I am in Australia travelling) and they assured me it would be in the bank within the week, again nothing.

    The week after she finally emails me to say her partner (the tenant) has been signed off for 12 months (on sick) as he has mental problems. And that he would receive 323 every 4 weeks which he would pay as rent. This covers about 3/4 of the rent, so I suggested he go to CAB and see about HB.

    This they did but she says he can only get the 323 pounds still.

    Since then I have received 200 pounds, 3 weeks late, not by standing order as I requested but left for my parents to collect from hers (they dont live together).
    She signed the agreement as his guarantor and states that she, too, has lost her job, so cannot pay towards his rent.
    Today further correspondence from her states that he will pay something towards next months rent but cannot pay in full.

    What happens now? The rent pays my mortgage (just) so I do need a tenant that pays in full.

    Many thanks I look forward to your input.

  • #2
    Commence section 8 process as soon as 2 months worth of rent is overdue. This will give you a possesion order and an order for the missing rent. If T doesn't pay, then it would be straight forward to get an order for G to pay.

    As she was originally accepted as a guarantor, one presumes she has a property that you could get a charge against at least.

    Comment


    • #3
      Part paid rent

      The guarantor rents a property herself so I can't put a charge on her.
      Can I use section 8 if the rent is part paid at the end of the 8 weeks, or does it have to be totally unpaid?

      Comment


      • #4
        That is a shame about the guarantor - for next time you should always get a guarantor who has both an income and a property - that way if you have to claim on the guarantee you have a chance of getting your money. As it is, your guarantor offers you little protection over the tenant alone.

        However....

        In answer to your question. You can issue a section 8 notice under grounds 10 & 11 now. This is just a warning shot though because you wouldn't normally go to court for grounds 10 & 11 only (unlikely to get possession).

        Once an amount of rent = to 2 months is unpaid, then you can re-issue your s8, but this time for grounds 8, 10 & 11. 2 weeks later, you apply online for a possession order (google pcol). Hearing will be 4-6 weeks later, and providing T still owes 2 months worth you will definately get a possession order. Judge will give T 2 weeks (usually) to go. If T has reduced debt to less than 2 months, you may still get possession on grounds 10 or 11.

        As an extra precaution, issue a s21(1)b to expire at the end of the fixed term. You probably won't need to use it, but it's a just-in-case.

        Comment


        • #5
          Originally posted by jinty1967 View Post
          (I am in Australia travelling)
          You'll need a solicitor to pursue the eviction. You can't DIY from Australia.

          Frankly, I don't believe that both the tenant and his guarantor both coincidentally lost their jobs a month after the tenancy began. This sounds planned. Did you get proper references/credit checks carried out?

          Comment


          • #6
            Part paid rent

            My stepmother handled all the interviewing stages etc.. and as he didnt have a reference,the girlfriend signed as his guarantor.
            Next time I'll come home and do it all myself, what a nightmare..
            I have no proof that he's been signed off, or that she is now unemployed and my stepmother states she wants nothing to do with it..hence I am trying to do it from here (Oz).
            Does anyone know if the solicitors who advertise services online at eviction websites are worth pursuing, apparently they will serve notices etc for fixed fees, at whichever stage you need.
            Thanks everyone for your help so far..

            Comment


            • #7
              Many people use and recommend the companies that advertise on sites like this, although I must admit I never have.

              Just one thought, to dot the 'i's and cross the 't's before you begin action. Have you given the tenants an address in England or Wales where they can serve legal documents on you? If you haven't, then they are legally entitled not to pay rent until you do.

              ALSO, and this isn't an issue for the s8, but is a legal requirement, if they paid a deposit, was it protected in a government approved scheme?

              Comment


              • #8
                Part paid rent

                Yes the deposit is protected by the Deposit Protection Service.
                They have an address in UK (my stepmothers) to issue any documents etc, and a contact number for her and myself, and my email address.
                The 2nd months rent is due on Saturday do I have to wait another 4 weeks after this to issue notice.
                They state that as soon as he finds another place ''he will leave'' but how will they pay for it and with what references?
                A big set up I think. And still no proof that he has been signed off, or that she has lost her job, can I ask for any proof does anyone know?
                Seems very strange that he can't get housing benefit..

                Comment


                • #9
                  Originally posted by jinty1967 View Post
                  They have an address in UK (my stepmothers) to issue any documents etc.
                  No, that's insufficient if it's in Scotland or Northern Ireland. Have you provided T with a address (for service on you) in England & Wales?
                  See s.48 of the Landlord and Tenant Act 1987.
                  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 jinty1967 View Post
                    Yes the deposit is protected by the Deposit Protection Service.
                    They have an address in UK (my stepmothers) to issue any documents etc, and a contact number for her and myself, and my email address.
                    The 2nd months rent is due on Saturday do I have to wait another 4 weeks after this to issue notice.
                    They state that as soon as he finds another place ''he will leave'' but how will they pay for it and with what references?
                    A big set up I think. And still no proof that he has been signed off, or that she has lost her job, can I ask for any proof does anyone know?
                    Seems very strange that he can't get housing benefit..
                    Every time a rent day passes, more becomes "unpaid". As soon as 2 months worth is unpaid, you can start the s8 process. Note Jeffreys comments about where in the UK your stepmothers address is. Also, was this address on the tenancy agreement, or if not, how did you notify them?

                    Comment


                    • #11
                      Part paid rent

                      Yes the address is in England, and yes, it was quoted on the tenancy agreement. Thanks for all your advice so far, I'm thinking of using one of the ''eviction fixed fee sites'' as I'm still out of the country or would I be better returning to the Uk to sort it all out?

                      Comment


                      • #12
                        Nightmare tenants

                        You probably have a long wait for vacant possession, the tenants are unlikely to go until formally booted out by court bailiffs, which might be three months off. My advice; sell up and put it all behind you.

                        A wise old landlord's saying : never invest in something that you cant drive past.

                        Comment


                        • #13
                          Originally posted by jinty1967 View Post
                          ss.
                          The 2nd months rent is due on Saturday do I have to wait another 4 weeks after this to issue notice.
                          No, the day after the 2nd month is due and isn't paid, that's two months due and unpaid.

                          They state that as soon as he finds another place ''he will leave'' but how will they pay for it and with what references?
                          Not your problem, and don't listen to any more hard luck stories. Just pursue the eviction, get them out, then get a reputable agent who is a member of a professional body such as ARLA to find new tenants. When you get back from your travels you can investigate pursuing the tenant for the debt.

                          Comment


                          • #14
                            Part paid rent

                            I didnt buy the house as an investment, although I know it is, it was my home for 8 years, I let it out to pay the mortgage while I travel (that was the idea anyway!)
                            After all this, I'm not so sure if I wouldn't be better leaving it empty!
                            As the tenant has paid nearly half of the first months rent, does that mean I have to serve notice half way from the next months due date (Saturday) to ensure two full months rent is due..ie serve notice at the end of Feb?
                            And how do I pursue what he owes if he has no money?

                            Comment


                            • #15
                              Originally posted by jinty1967 View Post
                              I didnt buy the house as an investment, although I know it is, it was my home for 8 years, I let it out to pay the mortgage while I travel (that was the idea anyway!)
                              After all this, I'm not so sure if I wouldn't be better leaving it empty!
                              As the tenant has paid nearly half of the first months rent, does that mean I have to serve notice half way from the next months due date (Saturday) to ensure two full months rent is due..ie serve notice at the end of Feb?
                              And how do I pursue what he owes if he has no money?
                              You can not issue your section 8 until the unpaid rent is equal to 2 months worth - but rent does not become unpaid until the day after rent day. It would appear mid-December rent was paid, and half of mid-jan rent was paid so you will not be able to s8 until mid March (ie Feb & March totally unpaid).

                              The court will give an order for the missing rent - only you can decide if you have any chance of getting the money and if it is worth trying to enforce.

                              Comment

                              Latest Activity

                              Collapse

                              • Tenant threatens legal action
                                Golip
                                Hi all

                                A former tenant of mine whom moved out without giving 4 weeks notice as per his contract is threatening legal action over a deposit which I did not protect in time and was returned to him in full once the admin error was realised (my farther usually deals with the paperwork)
                                ...
                                16-08-2017, 16:16 PM
                              • Reply to Tenant threatens legal action
                                HantsAgent
                                Without wishing to sound rude, you don't sound at all competent to head this off without help.

                                I'd recommend you instruct a good solicitor specialising in property to deal with this on your behalf.
                                22-08-2017, 05:09 AM
                              • evicting a tenant
                                ferrari-airwolf
                                Hello there, I have been renting my property for the last 2 and a half years and have been doing so with a 6 month AST contract. At the end of the current contract (which I renewed last weekend) I wish to take the property back, I stated this to my tenant before the tenant signed the current contract...
                                20-08-2017, 14:49 PM
                              • Reply to evicting a tenant
                                mariner
                                Get a new GSC arranged. A valid GSC is a requirement during any Tenancy..
                                T does not have to vacate on expiry of Repo Notice, she could remain your T until legally evicted by Court Bailiffs after a further several weeks/months.
                                For ~£50 (tax deductible), is it worth the risk?
                                22-08-2017, 01:50 AM
                              • Joint tenancy deposit responsibility
                                JT1980Lon
                                Hi Guys,

                                I was wondering if you could advise me on where I stand. I have a property which I have rented out for the last four years to a group and each time one person leaves then the original guys source a new person and just give the incoming deposit back to the outgoing person and I...
                                20-08-2017, 11:41 AM
                              • Reply to Joint tenancy deposit responsibility
                                mariner
                                Sloppy LL'ing.

                                When did original Tenancy commence with original Ts?
                                Who, if anyone, still remains?
                                Did you nominate a T to do your job ie return ind deposits, check new Ts for Right to Rent, conduct nec checks on new T?
                                Give permission for him to sub-let?
                                How do...
                                22-08-2017, 01:10 AM
                              • Reply to Joint tenancy deposit responsibility
                                JK0
                                Sounds like the guy who contacted you was your tenant's lodger, doesn't it? Therefore it's up to tenant whether to return deposit or not. (Sounds like room was left in a bad state.)
                                21-08-2017, 23:43 PM
                              • Reply to evicting a tenant
                                ferrari-airwolf
                                Thanks for the confirmation, so would this be ok to send to the tenant?
                                https://www.gov.uk/government/upload...n_property.pdf

                                I am thinking of using this template as it seems to be the best one available. I will send that and a letter stating that I will let them end there tenancy...
                                21-08-2017, 22:41 PM
                              • Reply to Tenant threatens legal action
                                Wright76
                                I suppose on a positive the fact you returned it BEFORE the tenancy ended is in your favour.

                                No win no fee solicitors like straight forward cases.

                                One of the first questions they ask are if there are any rent arrears or claims to damages. You may well ward them off with a ...
                                21-08-2017, 22:27 PM
                              • Reply to Joint tenancy deposit responsibility
                                AndrewDod
                                The short summary is that the situation you have created is the proverbial dog's breakfast.

                                Who is your tenant? The fact that you cannot answer that question means that you are lining yourself up for massive problems.

                                You have two basic types of tenancies - where you have every...
                                21-08-2017, 22:22 PM
                              Working...
                              X