Problem tenant - Advice please!!

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    Problem tenant - Advice please!!

    My Tenant moved in 18th May 06 on a 6 month AST due to expire 18th Nov 06. His rent is due on the 18th of every month. He paid the deposit and 1st months rent when he moved in and since made only 1 other payment which was due on the 18th June but paid late on the 30th June. I have been chasing the july rent for nearly a month but just keep getting excuses and the next rent is due tomorrow (18/8/06).

    I have sent a final rent demand letter giving them until th end of august to pay july's arrears.

    I want to know:
    1. The best way of getting the Tenant out of the property.
    2. How i can make them pay their arrears.


    Also his Parents are acting as Guarantors and i possess a signed letter of Guarantee.

    Advice and guidance will be appreiciated, Thanks.

    #2
    Serve a S.8 Ground 8,10 & 11 Notice on your tenant now as he's 2 months behind, and if he doesn't pay within 14 days you apply to the court for possession and you can include any arrears on the form. Any demand for rent should contain your (the landlord's) name and address on it, but presumably it did.

    There's lots on this forum about arrears and S.8 Notices so use the search facility, and there's more about repossession on the home page.
    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.

    Comment


      #3
      As it is unlikely that you want to keep this tenant whatever happens after the six months of his tenancy agreement has expires, it would probably be as well to serve a section 21 notice in addition to Paul F's recommendation. This will ensure that whether your section 8 action is successful or not, eviction can take place at the end of the fixed term. Tenants who know the tricks can wriggle out of a section 8 action which has to involve a court hearing. The "accelerated procedure" is used for a section 21 action where there is no hearing, and if the paperwork is correct, the judge is obliged to issue the possession order. The service of a notice under section 21, which requires a minimum of 2 months notice, has no effect on a section 8 process.

      P.P.
      Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

      Comment


        #4
        Originally posted by P.Pilcher View Post
        As it is unlikely that you want to keep this tenant whatever happens after the six months of his tenancy agreement has expires, it would probably be as well to serve a section 21 notice in addition to Paul F's recommendation. This will ensure that whether your section 8 action is successful or not, eviction can take place at the end of the fixed term. Tenants who know the tricks can wriggle out of a section 8 action which has to involve a court hearing. The "accelerated procedure" is used for a section 21 action where there is no hearing, and if the paperwork is correct, the judge is obliged to issue the possession order. The service of a notice under section 21, which requires a minimum of 2 months notice, has no effect on a section 8 process.

        P.P.
        In that case I would issue the S21 NOTICE immeadiatly
        Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

        Comment


          #5
          Does anyone have a good Section 8 form template that they can send me.

          Thanks

          Comment


            #6
            Originally posted by Paul_f View Post
            Serve a S.8 Ground 8,10 & 11 Notice on your tenant now as he's 2 months behind, and if he doesn't pay within 14 days you apply to the court for possession and you can include any arrears on the form. Any demand for rent should contain your (the landlord's) name and address on it, but presumably it did.

            There's lots on this forum about arrears and S.8 Notices so use the search facility, and there's more about repossession on the home page.
            i have seen a post which says:
            "A Section 8 Notice can be served on the tenant 14 days after the tenant is two months rent in arrears (this is defined on when payment is due, i.e. in advance or in arrears)"

            so does that mean i have to wait another 14 days to serve a section 8?

            Comment


              #7
              Incorrect. Serve Section 8 and section 21 now

              This link will explain in full what you need to do

              http://www.letlink.co.uk/Possession/...on_advisor.asp

              Notices also available from above site

              Comment

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