Query re S21 / S8 Notices

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    Query re S21 / S8 Notices

    Hello there,

    Newbie here and I would really appreciate some advice. I have a tenant in my property with an AST which commenced on 8 June. The first months rent was collected via the agency and came with the deposit.

    The agency set up a DD for the tenant to pay the rent on the 8th each month. This month, the tenant contacted me last week to say that he doesn't think the DD is set up and could he send the rent by BACS. I said, yes fine and gave my account details.

    Problem is, the money isn't in my account. Now this may be because it is taking a bit longer to get through the bank system - I don't doubt tenant will pay - and the father is guarantor.

    BUT - if he is late paying, should I be issuing a notice to cover my ar** should it go tits up in the following months? and if so, what, is it a section 8?

    Appreciate any help you can give. Thank you.

    Edit : or will a letter suffice to "go on the record" if I need to serve a S8 in the future?

    #2
    BACS payments take a minimum of 2 working days so don't be too harsh on the tenant just yet!

    You are right in that your rent should be paid on the due date but it might be the tenant's bank that hasn't activated the SO (I doubt if it was a DD).

    Ask the tenant to send you a cheque or give you the cash and trust the mater will eb resolved next month. Don't start alienating the tenant until you have a good reason to do so!
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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      #3
      Thank you - you are right I don't want to alienate tenant, but I also don't want to jeopordise my standing later on should more serious problems arise. Technically he is in default as he hasn't paid on time. Should I write a "nice" reminder letter just for the record?

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        #4
        Originally posted by Chappers
        Thank you - you are right I don't want to alienate tenant, but I also don't want to jeopordise my standing later on should more serious problems arise. Technically he is in default as he hasn't paid on time. Should I write a "nice" reminder letter just for the record?
        I wouldn't bother, a good relationship is the most important thing. this is just a teething problem with getting payments set up !

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