T already in arrears- how to evict?

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    T already in arrears- how to evict?

    I have a nightmar tenant who I want to evict asap.

    She moved in the property on 3rd May 2010 on an AST for 12 months - she paid £250 (2 weeks rent) and £250 bond.

    Since then I have not had a penny - she is on housing benefit and I have been waiting for the claim to be processed.

    This is where the problems begin - I have now been advised she is only going to be getting £34 benefit and she will have to make up the shortfall of £91 per week - which is obvious she is unable to do. She initially confirmed she would be getting all the rent paid by DSS.

    I have problems contacting her - she has changed mobile number and she has changed locks on the house. I have caught her a couple of times but she has just fobbed me off with lies. I have written to her and have informed the benefits office and they are going to pay me direct.

    I was going to serve her a section 8 this monday as she would be owing me 8 weeks rent but this morning I have received a benefits cheque for £171 - she still owes me £829 which I know she has no intention of paying - but if I keep getting cheques from benefits office she is not going to be 8 weeks in arrears.

    I keep writing to her but she never gets in touch - suprise! suprise!

    Can I still go ahead on Section 8?

    We need to access the property as water is pouring out of the boiler overflow - but my husband went round yesterday, she saw him and ran in the house,locked the door and wouldnt answer.

    I am at my wits end with this as I cannot afford to be funding her and all her low life friends who appear to be dossing there. We have had complaints from the neighbours so we need to act fast.

    Any help or advice appreciated.

    Thanks

    #2
    Originally posted by Fylde Coast View Post
    She moved in the property on 3rd May 2010 on an AST for 12 months - she paid £250 (2 weeks rent) and £250 bond.
    Need to know the following:

    Is the rent payable weekly or monthly?
    How much is the weekly or monthly rent?
    Have you protected the deposit?

    Re the water coming out of the boiler overflow - would you say this was an 'emergency'? i.e. trickle or flood? is it likely to cause serious damage if it goes unrepaired? does it suggest something is seriously wrong with the boiler?

    Comment


      #3
      The rent is payable fortnightly - and is £125 per week

      Bond is in the Deposit Protection Scheme.

      Water leaking is a constant dripping - which could cause damage if left. Until we get a plumber to see it we dont know how bad it is.

      There is no way that she will answer the door to us or let us have access at the moment as she knows we are on to her and that her days in the property are numbered!

      Comment


        #4
        Originally posted by Fylde Coast View Post
        This is where the problems begin - I have now been advised she is only going to be getting £34 benefit and she will have to make up the shortfall of £91 per week ...
        I was going to serve her a section 8 this monday as she would be owing me 8 weeks rent but this morning I have received a benefits cheque for £171 - she still owes me £829 which I know she has no intention of paying - but if I keep getting cheques from benefits office she is not going to be 8 weeks in arrears.
        Next rent of £250 is due on 12th July, yes? If so, on 12th July there will be over 8 weeks' rent owing (i.e. T owes £829 now, and on 12th July she will owe £1,079).

        Forget the idea of arrears. The contract presumably states that rent is due in advance, and to use ground 8, there must be at least 8 weeks' rent owing and unpaid. So, on 13th July you can serve a s.8 notice using ground 8, the mandatory ground, plus grounds 10 & 11. (See link). Keep copy notice and obtain a free certificate of posting.

        Assuming that cheque for £171 was a backdated payment, then the next cheque (in two weeks' time?) will be for £68, yes? So, if T continues to pay nothing there will continue to be over 8 weeks' rent owing and unpaid. This being the case, you can go ahead and apply for a possession order on the day after the s.8 notice expires.

        Next time, if you take on another tenant on benefits, insist on a guarantor. (See here and here).

        Comment


          #5
          Originally posted by Fylde Coast View Post
          Water leaking is a constant dripping - which could cause damage if left. Until we get a plumber to see it we dont know how bad it is.

          There is no way that she will answer the door to us or let us have access at the moment as she knows we are on to her and that her days in the property are numbered!
          There is an implied right for LL to enter to inspect in s.11(6) Landlord and Tenant Act 1988. See link. I would consider applying for a court order to enforce access for a plumber (sorry, don't know which form you'd have to use). If it's a gas boiler, you could also flag up the possibility that the disrepair represents a health and safety risk.

          Comment


            #6
            Tenant in arrears

            I am having loads of problems with my tenant. Not paying rent, changed locks, unable to contact her etc etc.

            Her rent is £125 a week and as of today is £953.10 in arrears. So to be 8 weeks in arrears so I can serve a Section 8 she has to be £1000 in arrears (8 weeks rent).

            Do I have to wait another week to add another £125 to her arrears or can I serve notice in 3 days working it out on a daily basis.

            I just want her out - sick of her lies and promises. It makes me so angry that she has so many rights and I appear to have very few when all she is doing is cheating and lying. She is claiming that she has a child living there but there has never been a child in the property.

            Angry Landlord

            Comment


              #7
              Is your tenant on a weekly or monthly tenancy? If it's weekly does she have a rent book.

              What day of the week or month is the rent due.

              Have you taken a deposit? is it protected?
              I offer no guarantee that anything I say is correct. wysiwyg

              Comment


                #8
                The rent is £125 per week which she is supposed to pay fortnightly - although she has never paid a penny since paying her first 2 weeks and a bond.

                She rang me last week and said she was now going to pay weekly starting today but suprise suprise she either wasn't in or wasn't letting me in.

                Rent was originally due on a Monday.

                Have bond of £250 - protected in DPS.

                Regards

                Comment


                  #9
                  specifics

                  The details on the AST matter. It would help if you can give specific answers to questions below:

                  1. Is tenancy in England and Wales ?
                  2. what day and date did AST start ?
                  3. what was the initial term ?
                  4. is current AST the only agreement signed ?
                  5. is the rent monthly or weekly as stated in AST?

                  Comment


                    #10
                    1. Is tenancy in England and Wales ?
                    England

                    2. what day and date did AST start ?
                    Monday 3rd May

                    3. what was the initial term ?
                    12 months

                    4. is current AST the only agreement signed ?
                    yes

                    5. is the rent monthly or weekly as stated in AST?
                    Fortnightly

                    Comment


                      #11
                      Originally posted by Fylde Coast View Post
                      2. what day and date did AST start ?
                      Monday 3rd May
                      Noted

                      Originally posted by Fylde Coast View Post
                      3. what was the initial term ?
                      12 months
                      Which means S21 route is not open to you till next year!

                      Originally posted by Fylde Coast View Post
                      5. is the rent monthly or weekly as stated in AST?
                      Fortnightly
                      why select fortnightly? just curious..
                      Rent period therefore runs from Monday to Sunday, payable in advance every monday 03/05, 17/05, 31/05, 14/06, 28/06, 12/07, 26/07.
                      You indicate she paid the first fortnight due on moving in. So has therefore missed 17/05, 31/05, 14/06, 28/06, which by my calculation is 8 weeks of unpaid rent already. Not paying today makes it 10 weeks of unpaid rent (not arrears).
                      You should therefore issue the S8 now, stating grounds 8, 10 & 11.

                      See these links:
                      Serving Section 8
                      http://www.landlordzone.co.uk/pdf/se...section%208%22

                      For S8 and S21 forms
                      http://www.landlordzone.co.uk/agreements_registered.htm

                      HTH

                      Comment


                        #12
                        I get the impression this T is receiving LHA, (fortnightly payments?) If that is the case you may be able to get the payments made direct to you. Do you suspect she may be claiming that she has a child there? Serve the S8 g's 8/10/11 immediately anyway, it still might take some months to get her out and you need your rent.
                        I offer no guarantee that anything I say is correct. wysiwyg

                        Comment


                          #13
                          Thank you havensRus

                          Sorry I never mentioned I got a cheque direct to me from the local council - her housing benefit is being paid to me.

                          So I got a cheque for £171.10 on Saturday 3rd July which I had to deduct from her arrears - which pushed her 8 weeks deadline back.

                          As of today arrears are £953.10 - just want her out asap.

                          My question is do I have to wait until 19th July to add another £125 on or can I do it on a daily basis - so as soon as it is £1000 I can serve notice.

                          Comment


                            #14
                            Originally posted by Fylde Coast View Post
                            As of today arrears are £953.10 - just want her out asap.

                            My question is do I have to wait until 19th July to add another £125 on or can I do it on a daily basis - so as soon as it is £1000 I can serve notice.
                            Since rent is stated to be paid fortnightly, you can't just "add a week". Unpaid rent is based on rent not paid when due, so you need to wait until 26/07, which is the next rent due date.

                            Comment


                              #15
                              So she is a LHA tenant. A word of warning, if she is actually claiming fraudulently, e.g. for a child's room, then when the council find that out they will stop her claim and any money that has been paid directly to you can be clawed back from you.

                              As Haven has explained she already owes over 8 weeks unpaid. You can issue the S8 now.

                              Do not confuse arrears with rent due and unpaid.
                              I offer no guarantee that anything I say is correct. wysiwyg

                              Comment

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