Need advice on tenant late payments

[Singer]

Hi everyone, I have been browsing the forums now and then for the past year thanks for your informative posts but now I have an issue with a tenant I'd like some advice on please.

Tenant moved in to my property 3 months ago, first payment / deposit fine, second payment was 3 weeks late, third payment is 3 weeks late and still not paid. When I spoke to tenant, he has lost job and it doesnt sound like hes bothered about getting another.

This is all heading towards the dhss route which is not what I wanted.

I've been reading about section 8 section 21 notices, waiting 2 months in arrears to send the sections, but I wondered as the time has been so short whether theres another route to getting him out quickly.

Thanks for any advice.

[jta]

Assuming the rent is reserved monthly there needs to be two months owed at the time of serving the S8 grounds 8,10 and 11.

Practically this means that if a payment is not made on the due date and then nothing paid before the next due date you are able to serve the notice.

From what you have said you are not yet at that point although you could just use g's 10 and 11

[theartfullodger]

Get him out quick?? Yup, easy, bribery - but you don't want that answer..


In your shoes I'd write a calm, polite, letter asking what his plans are to pay rent in full & on time.. then as soon as 2months owed (not the same as 2 months in arrears..) I'd issue S8 Grnd 8, 10 & 11. How long was fixed term?? Whatever that is I'd also issue S21 anyway, assuming deposit taken, protected & prescribed info served..

** 2 months owed...** Assume rent due 10th of month (you say 3 weeks late..). There is thus 1 month rent owing. As of 10th November, if there is no further payment, there will be 2 months owing....

[Snorkerz]

This page may help you understand the section 8 process. http://tenancyanswers.ucoz.com/index..._contract/0-36. Rent arrears are part of the business, and hopefully Mr T will get himself organised and everything will be hunky-dory.

You should write a letter to the tenant stating that you require payment of housing benefit to be made directly to you from the council. Include in the letter that if he does not organise this with the council you will have to seek possession. Since April 2011 the council have had the ability to pay direct where it will help a tenant gain or retain a tenancy. This wouldn't stop you seeking possession, but it should stop the unpaid rent getting out of hand. Direct payment also means that if you do commence eviction proceedings, the tenant is not going to be able to withhold rent in retribution.

The section 21 process is all about getting possession once the tenant is out of contract, so there is presumably no urgency on that as you on't need to do anything until a couple of months before the end of the tenancy agreement.

If the guy can get his rent up to date, would the fact he is a benefits claimant be a problem?

[Singer]

Fantastic advice, thank you all so much.

So I guess as soon as the T is in the property its the same 2 month wait before starting proceedings.

I will write a letter and find out what T's intentions are.

Thats interesting advice about making a case for receiving direct from the council and makes it not such a bad option. I've had this before (April '11) where the T would keep rent or pay late the money from the council and I haven't had great dealings with the council in question.

[mariner]

"So I guess as soon as the T is in the property its the same 2 month wait before starting proceedings."

Can you explain this comment. Has T not moved in or do you think he has left? Was he in occupation during part of T?

[Singer]

"So I guess as soon as the T is in the property its the same 2 month wait before starting proceedings."

Can you explain this comment. Has T not moved in or do you think he has left? Was he in occupation during part of T?

Yes T has moved in. What i meant was that whether the T has been in my property 3 months or 8 months, the same process to get them out applies.

My thoughts were that maybe after such a short amount of time has passed with either late or no payment that there might be an easier or quicker process.

[PaulF]

This is all heading towards the dhss route which is not what I wanted.

No such organisation/department. Try Local Housing Allowance because that is what it is now, and the rules have recently been changed!