Non Payment of Rent after Service of Section 21

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    Non Payment of Rent after Service of Section 21

    Hi all

    Thanks in advance for any advice.

    I have had a long standing tenant 3+ years, who has always paid rent (full amount and on time) and generally been a good tenant.

    I recently, however, served him with a S.21 notice requiring possession of the property giving 2 months notice, the next rental payment was due a week ago and it has not been paid. I have tried to contact the tenant and had no reply, I have been able to contact his girlfriend who confirmed they had recieved the S.21 and would be vacating the property before the required date but she would not talk to me with regard the rent as her boyfriend is the tenant and 'it has nothing to do with her'.

    I can only assume that the final months rent will not be paid also.

    What should be my next step

    #2
    Is there a deposit? Do you have guarantors?

    You might want to remind your tenants that they will be needing a good reference if they are looking to rent anywhere decent - and that the reference you give can only be truthful when they ask the vital question - has rent been paid on time. That has got to be a question of vital importance for a landlord when deciding who to let to, hasn't it?

    If you believe the property is in good order, you might want to give them some assurances about releasing their deposit ASAP once the tenancy is over - as they might be witholding a months rent in order to use it as a deposit on their next place (expecting you to keep their deposit as last months rent).

    Other than that, it's a case of ensuring you know where they are going to so that, if worst comes to worst, you know where to find them for court claims.

    Comment


      #3
      Deposit is = to one months rent, no guarantor.

      Is it worthwhile pursuing the matter at court, in your experience, or is it costly? How would I go about this?

      Comment


        #4
        Originally posted by daibra View Post
        Deposit is = to one months rent, no guarantor.

        Is it worthwhile pursuing the matter at court, in your experience, or is it costly? How would I go about this?
        IF the tenant is employed or has assets that would make a court order enforceable, then it is worth doing. The cost is relatively low and for rent-arrears you are almost guaranteed success. Court costs and enforcement costs are added to the amount owed if you win (so ultimately the tenant ends up paying). To start a claim, go to www.moneyclaim.gov.uk

        Comment


          #5
          Originally posted by daibra View Post
          Deposit is = to one months rent, no guarantor.

          Is it worthwhile pursuing the matter at court, in your experience, or is it costly? How would I go about this?
          Q: does your long-standing T currently still hold a Tenancy Agreement that pre-dates 6 April 2007, or has it been renewed since that date?
          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).

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