T's rent late for three consecutive months- L's rights?

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    T's rent late for three consecutive months- L's rights?

    The tentents paid first 2 mths on time.The third mth estate agent agreed without telling us to tenents paying only half rent due to one of them changing jobs,with them promising the following mths rent would be paid in full plus the half rent from previous mth.The date came and went we were told being as they had paid 2 mths half rent we could not take them to court.2 wks later they took the rent owing into the shop.They are now 2wks late again for the 5 mths rent we have already given them notice to leave at end of the 6mth as they so far only paid 2 mths on time but they are demanding we do repairs which i have refused as they are not urgent.Can i get these people out sooner.Can i apply to the courts that it be recorded on their credit score that they are unreliable paying tenents.They also smoke and have pets we signed a contract stating we wanted neither of these and the agent has ignored mePlease can you advise me.Thank you

    #2
    Originally posted by siangraham72 View Post
    The tentents paid first 2 mths on time.The third mth estate agent agreed without telling us to tenents paying only half rent due to one of them changing jobs,with them promising the following mths rent would be paid in full plus the half rent from previous mth.The date came and went we were told being as they had paid 2 mths half rent we could not take them to court.2 wks later they took the rent owing into the shop.They are now 2wks late again for the 5 mths rent we have already given them notice to leave at end of the 6mth as they so far only paid 2 mths on time but they are demanding we do repairs which i have refused as they are not urgent.Can i get these people out sooner.Can i apply to the courts that it be recorded on their credit score that they are unreliable paying tenents.They also smoke and have pets we signed a contract stating we wanted neither of these and the agent has ignored mePlease can you advise me.Thank you
    If the specific repairs are those under section 11 of the 1985 LTA you are legally required to complete them regardless of whether T pays rent or not (painful as that may sound)

    You could issue a section 8 notice under grounds 11 &12 but it is not guarenteed that you will get possession (probably unlikley) you really need T to be in arrear by two months before an eviction order is guarenteed

    Send a "letter before action" stating that their smoking and pets are breach of contract and they must pay rent on time or you will start lawful eviction proceeding under section 8 of the 1988 housing act. This may however antagonise them in such a way they simple abandon the property which might be a good think or not

    When did you give them notice to leave at the end of the term and how? If it was a section 21 notice given 6 weeks ago then they will be required to leave but there is much debate about the validity of a S21 notice issued at the same time as the contract particularly if it dated before T signed the contract.

    The only way to hit their credit rating is if it goes to court and the court awards a judgement against them with a debt and they don't pay it in 28 days (a CCJ as it is known) otherwise they get off with no records

    Comment


      #3
      Unless the tenants owe you the equivalent of at least two months' rent, there is no guaranteed way of removing them until the end of the fixed term.

      Ask your agent to serve a section 21 notice now to require possession after that point and to serve a section 8, grounds 8, 10 and 11 if and when the rent owing reaches 2 months' worth.

      If you do not trust your agent to do this, then do it yourself.

      None of the other things you mention will get you a possession order.
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

      Comment


        #4
        Originally posted by mind the gap View Post
        None of the other things you mention will get you a possession order.
        Agreed, but ground 12 could be added to the backup incase rent owed falls below 2 months.

        OP - section 8, ground 8 is guaranteed possession, providing 2 months rent is unpad at time of service AND at time of court hearing. If T catches up on rent then g8 will fail. In that case, you MIGHT still get possession on grounds 10, 11 and/or 12.

        http://www.statutelaw.gov.uk/content...&filesize=4438

        Comment


          #5
          Originally posted by Snorkerz View Post
          Agreed, but ground 12 could be added to the backup incase rent owed falls below 2 months.
          You mean 'ground 11'.
          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


            #6
            Originally posted by jeffrey View Post
            You mean 'ground 11'.
            Originally posted by siangraham72 View Post
            They also smoke and have pets we signed a contract stating we wanted neither of these.
            No, if no smoking or pets is in the AST then ground 12 is useable (if unlikely to be successful on its own).

            Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.

            Comment


              #7
              Yes, I agree. But g11 is of course a usual 'backstop' whenever g8 is used.
              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


                #8
                Originally posted by jeffrey View Post
                Yes, I agree. But g11 is of course a usual 'backstop' whenever g8 is used.
                Which is why I ...er, suggested it in #3...

                Ever felt invisible?!
                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                Comment


                  #9
                  Originally posted by mind the gap View Post
                  Which is why I ...er, suggested it in #3...

                  Ever felt invisible?!
                  Who said that?

                  Comment


                    #10
                    Originally posted by mind the gap View Post
                    Which is why I ...er, suggested it in #3...
                    Yes, you did- hence post #4 seemed wrong in suggesting g12 as a back-up in case unpaid rent fell to less than two months'.
                    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


                      #11
                      Originally posted by jeffrey View Post
                      Yes, you did- hence post #4 seemed wrong in suggesting g12 as a back-up in case unpaid rent fell to less than two months'.
                      Post #4 was an additional valid back-up to enhance MTGs suggestion.

                      Comment

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