Bond not paid - do i still have to give notice to evict?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Bond not paid - do i still have to give notice to evict?

    Hi,

    My tenant moved into the house i rent out 8 weeks ago and has not paid any rent whatsoever yet. She was sorting out housing benefit so we would have to wait for them to sort that out. Housing have told me that they've paid it to her - so she's obviously gone shopping with the money instead of paying her rent!

    Whilst I know I was stupid, I allowed her to pay her bond in instalments and she's not paid the last instalment and is weeks in arrears with it.

    So my question is: as she's not actually paid her bond (in total) do i still have to go through the eviction process as normal or can i just give her 24 hours to get out of my house?

    Many thanks

    #2
    yes you still need to go through the eviction process.

    Have the council advised you that as she is in 8 weeks worth of arrears you should be entitled to be paid direct until she either catches up or vacates?

    Do you not have a guarantor for her?

    Comment


      #3
      hi springfields,

      Thanks for the reply. Yes they've said they'll pay direct from now on, however they won't pay the 8 weeks arrears! And there's no way I'll get that from her.

      No there's no guarantor - tbh her parents would be about a reliable as her - the house is in a BAD area!

      I've been very silly in reality.

      Comment


        #4
        it happens, just goes to show no good deed goes unpunished!

        Do you need help with your notices - if so pop the dates down

        Has she supplied any deposit at all? Is what you have registered?

        Comment


          #5
          Thanks again for your reply - I really appreciate your help.

          You're not wrong - you try to be nice to people who are struggling and they screw you over. It seems it doesn't pay to be nice in this world.

          The deposit was £300 and she's paid £225 (but weeks late on the last installment). I've not paid it into DPS as she's not actually paid it yet in theory.

          The date she moved in was 25th May so we're just about on 8 weeks.

          It wouldn't be so bad if I was making money on this but I'm renting it out because I was made redundant and couldn't afford to live there and didn't want repossession! They joys of being a 'reluctant' landlord

          Comment


            #6
            Originally posted by gthorpe View Post
            The deposit was £300 and she's paid £225 (but weeks late on the last installment). I've not paid it into DPS as she's not actually paid it yet in theory.
            Pay it into the DPS immediately otherwise you will store up great grief for yourself - she could sue you for 3x its worth if you fail to protect. It doesn't matter that it wasn't the whole deposit you had originally envisaged she would pay. Use this link to create an account:
            http://www.depositprotection.com/
            '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


              #7
              thanks mind the gap,

              I wondered about that. We'd actually been given some contracts by a friend who rents a house out and they've called it an "administration charge" not a bond/deposit. The tenant has signed this separate contract recognising it as an administration fee - not a deposit.

              Comment


                #8
                Originally posted by gthorpe View Post
                thanks mind the gap,

                I wondered about that. We'd actually been given some contracts by a friend who rents a house out and they've called it an "administration charge" not a bond/deposit. The tenant has signed this separate contract recognising it as an administration fee - not a deposit.
                That may make difference but it would depend on what you have referred to it as in your communications with the T and whether the understanding was that it was returnable or not and under what conditions.

                If it was an admin fee, what did the 'contract' specify it covered, exactly?
                '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
                  Pay it into the DPS immediately otherwise you will store up great grief for yourself - she could sue you for 3x its worth if you fail to protect. It doesn't matter that it wasn't the whole deposit you had originally envisaged she would pay. Use this link to create an account:
                  http://www.depositprotection.com/
                  Yes register what you have asap.....

                  I've heard of Landlords calling what should be the deposit as a "registration charge" or "key money"...... but what would you do if there was damages at the end of the tenancy or rent arrears? By registering for the property that would suggest that she did not intend to get it back regardless at the end of the tenancy.

                  I cant say that I have heard of what implications this may have, however at the end of the day you would use it as a deposit so you may as well call it what it is.

                  Comment


                    #10
                    Thanks for that - it states that it is refundable if rent not in arrears etc etc.

                    Problem i've got is that I'm probably not going to ever see that 8 weeks of arrears. And as I'm in quite a bit of negative equity and it doesn't look like prices are going to rise for some time that it be best i just let the bank take it and stop fighting an up hill battle. No doubt that's an all new can of worms though!

                    Comment


                      #11
                      If the rent from the HB dept covers the rent payable, you may be better off to keep the current tenant, and make a payment plan.

                      If you get someone else, they may do the same thing, and you'll be down a void period, court costs that you have next to no chance of getting paid back, and 16 weeks of unpaid rent instead of 8.
                      Allow tenants to protect their own deposits. I want free money when they do it wrong

                      Comment


                        #12
                        Originally posted by gthorpe View Post
                        Thanks for that - it states that it is refundable if rent not in arrears etc etc.
                        How can an admin charge be refundable if rent is not in arrears? It does not make much sense, I'm afraid.

                        If you can reproduce here what the 'contract' said about the money you have referred to as 'the bond'/'an admin charge', one of our legally qualified members may be able to tell you whether you can legally hold on to the money or whether it must be protected as a tenancy deposit.
                        '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


                          #13
                          p.s. springfields - thanks for the offer of help with the eviction notices.

                          Any help or advice would be appreciated.

                          Comment


                            #14
                            mind the gap, here is a paragraph from contract:

                            RETURN OF ADMINISTRATION CHARGES
                            Please note that administration charges are paid to cover the cost if any cleaning, repairs or replacements that are necessary at the end of the tenancy to restore the property to the condition it was in at the beginning of the tenancy. The administration charge is fully refundable providing the terms and conditions of the tenancy agreement are adhered to and will be forwarded to the address provided by the vacating tenant.

                            Comment


                              #15
                              From what you have said re admin charges you are describing a deposit - an admin charge is what I charge to reference a tenant to move into a property..... They are distinctly different I would still register it as a deposit and should you get picked up for late registration explain you thought you had to have the full amount and were waiting for the outstanding amount

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X