My dilemma with bad paying tenant

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    My dilemma with bad paying tenant

    Good evening

    Here is my dilemma,

    I have a property where the tenant has for the last 4 months been nearly 2 months behind with rent, the the day before I can serve a section 8 he has paid 1 months rent. This only leaves him a month in arrears.

    June 28th is pay day and is the next day he will be 2 months behind, the section 8 is with the solicitor ready to go.

    I know I can cite 3 grounds
    # Ground 8:
    # Ground 10:
    # Ground 11:

    This will be done on the said date.

    Now I have been to the house to ask him why he has not paid, The Management company are next to useless, the house inside is still as good as the day I left it.

    I was happily living overseas until this chap and his family stopped paying rent, unfortunately my pension will not cover overseas living costs AND the mortgage.

    Will I be able to claim anything against the tenant for airline costs or living expenses while I am here?

    Back a step I spoke to the tenant on June 1st , he agreed there was a 2 month break in the tenancy agreement. so much so he agreed to leave on August 1st.
    He also sent me an email stating that he would leave on August 1st.( is this legal)? The management company have also sent him an appointment for the Inventory check and handover on July 30th.

    Now it gets better, My solicitor has told me the 2 moth break clause was NOT put in the contract!!!

    It was however in the pre contract letter that was signed by myself and the tenant.... Solicitor advices we just keep quiet about it.

    If the tenant does not go on July 30th what actions can I take against the management company ( technically I could be homeless myself if my daughter did not have a spare room)

    The tenant when he signed the agreement said he had a job paying 50k (contract) he did not disclose that that contract was due to end within 2 months of him taking up the tenancy.. He is saying he lost his job...

    Worrying as well is he says his money is now coming from his home country in Africa....

    He has already told me to use the deposit as one months rental payment (text message) I informed him that the deposit will stay in place as security against unpaid bills, damage and rent etc..

    Where do I go from here? it getting so frustrating someone living in my house whilst I pay the mortgage..

    #2
    Exactly what do you mean by 'nearly two months behind with the rent'?

    If the tenant has not paid on one rent due day, and then fails to pay on the next rent due day, then that is two months owing. That is the point when you can issue a S8, grounds 8/10/11. Do not express it as arrears, the money is owed as soon as it is due it only become arrears when the period it should pay for has passed.

    If the tenant has given notice, and you have accepted it, and then does not move out, there is a very old law that enables you to charge double rent for the time he remains in occupation. It's still valid.


    You cannot charge him for your expenses in flying home to sort it out. It's your choice as to where you live.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      JTA

      Thanks

      When I mean nearly 2 months behind he is due to pay again on June 25th

      at the moment he owes one month and will be 2 months on 25th..

      monthly rent is 700 he will owe 1400 on 25th

      He pays in advance so I would have assumed that the minute he did not pay one month he would be 2 months in arrears?

      IS the email from him enough evidence that he will give up the tenancy on August 1st?

      Thanks

      Comment


        #4
        Forget the phrase 'in arrears'. If T pays nothing more on/before 25 June, he will- on 26 June- owe at least two months' rent ('rent unpaid').
        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


          #5
          I am thinking about using Regency Law UK anyone had dealings with them?

          xxx.tenanteviction.org.uk

          Comment


            #6
            Originally posted by pigsinspace View Post
            When I mean nearly 2 months behind he is due to pay again on June 25th

            at the moment he owes one month and will be 2 months on 25th..

            monthly rent is 700 he will owe 1400 on 25th

            He pays in advance so I would have assumed that the minute he did not pay one month he would be 2 months in arrears?
            On the 26th June there would be two months' rent owing and unpaid, not in arrears - meaning you can use ground 8.

            IS the email from him enough evidence that he will give up the tenancy on August 1st?
            Not sure what you mean by 'evidence'. If he doesn't leave on 1st August, the tenancy continues and you still have to follow the eviction procedure.

            My solicitor has told me the 2 moth break clause was NOT put in the contract!!!

            It was however in the pre contract letter that was signed by myself and the tenant.... Solicitor advices we just keep quiet about it.
            Well, yes, but T's offer to leave on 1st August is essentially offering an early surrender, which you've accepted. Nothing to stop both parties agreeing this, regardless of whether there's a break clause or not.

            If you wanted to serve a s.21 notice, however, the absence of a break clause will mean the notice could not expire before the end of the fixed term.

            If the tenant does not go on July 30th what actions can I take against the management company
            If the agent was responsible for drafting the contract (and including a break clause), and you lose money as a result, you might have a case to claim for negligence/damages.


            I am thinking about using Regency Law UK anyone had dealings with them?
            Have heard mixed reviews. Quite honestly, you'd be better off DIY-ing. There are countless threads on here on the subject of eviction, debt recovery etc.

            Or you could join a landlords' association with a helpline to help walk you through the process (check first that they offer a service which suits your particular needs)
            http://www.landlords.org.uk/index.htm
            http://www.rla.org.uk/

            Or buy a kit here
            http://www.landlordlaw.co.uk/page.ih...ep=2&page=shop

            Or sign up for this
            http://www.landlordlawblog.co.uk/201...t-paying-rent/

            Comment


              #7
              Westminster thanks


              on the question of the email I was wondering if the fact he had sent it meant it was enough "evidence" to say I will end the tenancy on Aug 1st, and not decide later that he did not say it, obviously I have accepted it because on that basis the management company sent a "leaving hand over pack"

              I have heard that an email cannot be used as it can be altered.....

              I have insurance with my house cover so I think I will let the professionals deal with it.

              Comment


                #8
                Originally posted by pigsinspace View Post
                on the question of the email I was wondering if the fact he had sent it meant it was enough "evidence" to say I will end the tenancy on Aug 1st, and not decide later that he did not say it, obviously I have accepted it because on that basis the management company sent a "leaving hand over pack"

                I have heard that an email cannot be used as it can be altered.....
                But "used" for what?

                The email is not, in itself, evidence that the tenancy has ended nor does it end the tenancy. If the tenant remains in occupation, then the tenancy continues. You cannot march in on 1st August and tell the tenant to leave immediately because you have an email from him saying he will.

                And the email is of no use in terms of either s.8 or s.21 possession procedure.

                The only way the email might be used in evidence is if the T left on 1st August and you subsequently claimed that there had been no surrender and he was liable for further rent (in which case the T could use the email as evidence to support his defence), or if T left and subsequently claimed he had been illegally evicted (in which case you could use the email to support your defence).

                You cannot "decide later that he did not say it". Firstly, the actions of your agent clearly show acceptance, and secondly, the T will have a copy of the email.

                I have insurance with my house cover so I think I will let the professionals deal with it.
                If insurance is picking up the legal bill, then use a specialist landlord & tenant solicitor (not a general family solicitor).

                Comment

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