Rent arrears

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

    #16
    Originally posted by Direct View Post
    Paul, are you saying the notice that the tenant has given me doesn't do me any good so I need to do s8 and s21 anyway?
    I may be wrong, but AFAIK the tenant's notice does end the tenancy upon expiry and entitle the LL to apply for possession on the basis of the T's notice if the T holds over.

    Relying on this may, however, carry the risk that you get a judge who doesn't agree and sends you back to square one, i.e. insisting that you serve a s.8/s.21 first. So personally, I'd serve both just in case.

    Comment


      #17
      Originally posted by westminster View Post
      Landlord Action *is* a paid advertiser on this site; they advertise on the side strips.
      Oooh! So they do. Sorry Paul.
      I offer no guarantee that anything I say is correct. wysiwyg

      Comment


        #18
        Originally posted by westminster View Post
        I may be wrong, but AFAIK the tenant's notice does end the tenancy upon expiry and entitle the LL to apply for possession on the basis of the T's notice if the T holds over.

        Relying on this may, however, carry the risk that you get a judge who doesn't agree and sends you back to square one, i.e. insisting that you serve a s.8/s.21 first. So personally, I'd serve both just in case.
        OK, that helps. Thank you.

        Comment


          #19
          Originally posted by Snorkerz View Post
          Direct: Although your tenant has given you notice, it does not mean that he will leave after the notice date, and if he doesn't, he probably knows that you can not just throw him out. The only way to get rid of a tenant who does not leave voluntarily is via section 8 or section 21 of the 1988 Housing Act.

          What you may not realise is that, so long as you don't agree to rescind his notice, you can legally charge double rent for any time he stays over the notice period. Of course, if he has little money/assets, your chances of getting the £s is slim - but if you don't claim it, you won't get it.

          A section 8 possession claim can also result in a court order for the tenant to pay any missing rent (including the 'double' rent).
          Again helpful - thanks. I had seen mention of the distress for rent principle on this site: I think it's an old statute from the eighteenth century isn't it? It would be interesting to know if it gets used nowadays, as it is still law.

          Comment


            #20
            Originally posted by Direct View Post
            Again helpful - thanks. I had seen mention of the distress for rent principle on this site: I think it's an old statute from the eighteenth century isn't it? It would be interesting to know if it gets used nowadays, as it is still law.
            See
            http://blog.painsmith.co.uk/2009/11/...d-double-rent/

            Comment


              #21
              Also see http://www.landlordzone.co.uk/forums...ead.php?t=8411
              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


                #22
                Following the advice in this thread, I issued S21 and S8 notices. Then after about ten days, on the day the monthly rent fell due, the tenant sent me a text saying that he had left the property and that he had put the keys through the letterbox.

                If I go to the property and find the keys on the doormat as promised, can I immediately take possession? Would a subsequent S8 action be effective in recovering the rent arrears?

                Comment

                Latest Activity

                Collapse

                • Direct Debit vs Standing Order
                  by danwestgarth
                  Has anyone any experience in collecting rent from tenants using Direct Debit opposed to Standing Order? From what i understand, with Direct Debit the payee (landlord) is in control, rather than the payor (tenant). JCould be a good way to minimize missed payments during covid-19. Does anyone know of...
                  22-09-2020, 15:44 PM
                • Reply to Rent Rises in 2020
                  by DPT57
                  Well if the market rent for your properties has increased and you think that there would be a good prospect of re-letting quickly and there is a low risk that your existing tenant will stop paying rent altogether then from a business point of view, it makes sense to increase the rent. Having said that,...
                  22-09-2020, 14:57 PM
                • Rent Rises in 2020
                  by jpucng62
                  I cancelled all my annual rent increases when Covid hit. Since then some people have really suffered financially and others haven’t. In addition LHA rates have increased substantially for anyone needing support which appears to have had the knock on effect of increasing the rent of properties now...
                  19-09-2020, 17:48 PM
                • Reply to Rent Rises in 2020
                  by jpucng62
                  Where I rent properties (Beds / Northants / Nottingham) rents have risen substantially and availability has fallen. So my question is still, 6 months on from everyone being told to stay at home and with normality of work returning for many tenants (I accept not all) and many people not unduly financially...
                  22-09-2020, 14:44 PM
                • Reply to Tenants possessions left in abandoned property
                  by MR M
                  I did consider approaching a Tracing Agent to try to obtain the Tenant's current whereabouts or updated information about them but the feeling is that it is not worth initiating this yet as its too soon. They may not show-up as having set-up elsewhere yet or have generated updated information about...
                  22-09-2020, 14:10 PM
                • Tenants possessions left in abandoned property
                  by MR M
                  The tenancy is a statutory periodic tenancy after the original AST ended. The tenant has rent arrears and a S21 was issued around 3 months ago. There is no deposit and an EPC, gas safety certificate and how to rent guide were all issued previously to the tenant.

                  I believe that the tenant...
                  16-09-2020, 10:03 AM
                • Reply to Renovation/Improvements vs Repairs / Maintenance
                  by newtenant9011
                  You can prevent the landlord from entering, as you have a right to quiet enjoyment, you can even replace the locks if you would like.

                  In turn, the landlord could issue you a section 21 notice, but the notice period is 6 months currently plus the court backlog.
                  22-09-2020, 14:08 PM
                • Renovation/Improvements vs Repairs / Maintenance
                  by thesleepingdog
                  Hello,

                  I am having A LOT of trouble with my LL who is continually asking to carry out improvements on the property. It is literally nonstop and it has got to the stage where I am utterly fed up and want to leave.

                  During my tenancy he has replaced all the windows in the house,...
                  22-09-2020, 13:22 PM
                • Reply to Rent Rises in 2020
                  by DPT57
                  In my part of London there is no market justification for rent increases and imo increased individual landlord costs is not a reason to raise them....
                  22-09-2020, 14:07 PM
                • Reply to Rats
                  by ChrisDennison
                  These are very interesting comments, one of my councils (South West) told me they had to stop these services unless in public areas.
                  22-09-2020, 12:35 PM
                Working...
                X