Can I serve a Section 8 notice now?

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    Can I serve a Section 8 notice now?

    Hi

    My new tenant currently hasn't paid any rent since they have been in the property since 10th March 2012. I took a cheque (in a companies name) for 1st months rent and deposit which later bounced, and then they offered to pay me by bank transfer which I accepted but again, it turned out to be a cheque (from the same company) that they tried to pay into my account which bounced again after 2 representations.

    Tenant asked me for my bank details again but I'm reluctant to give them as I think the same thing will happen again, and as and when I issue a S8 the tenant may transfer money into my account before any court hearing thus invalidating the '2 months rent owed' rule.

    Prior to this I have been a Landlord for 5 years but with decent tenants so all this is quite new to me. Valuable lesson learned the hard way I feel.

    My question is: Can I ask tenant to pay me in cash? As I haven't received any rent yet. But it does state on the STA the payment method is bank transfer.

    Any help much appreciated.

    #2
    Ask by all means. I think we both know you aren't going to get any though, don't we?

    Comment


      #3
      Yes we do! I want to get the tenant evicted through the S8 route but I want to avoid them paying money into my account the day before the court hearing...

      Comment


        #4
        Just a thought:

        Would it be best not to suggest cash to the tenant, in case you find an envelope of it pushed through your letter box the night before the hearing in order to scupper it?

        I think you can already prove that you supplied bank details, can't you? Presumably latest request wasn't in writing? I would assume you misheard!

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          #5
          I never supplied my bank details on signing the STA but supplied them later by mobile sms text.

          I'm just thinking that in court, in the tenants defence, they might state 'well how is the tenant supposed to pay you by bank transfer, as per in the agreement, if they don't know your bank details!'...

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            #6
            Have you got bank statements showing the cheques going in, and then bouncing? This would help no end. Did you get the cheques returned to you?

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              #7
              Yes I've got the bank statements showing the unpaid 'bounced' cheques and the cheques returned to me by the bank.

              I'm also keeping a written record of all the communication between me and the tenant which has been mainly by sms text. Don't know if the court will accept this but i feel it may go somewhere to highlight the tenants behaviour (countless promises to pay the rent, then endless excuses why they can't pay).

              I've never been to court before in my life but it's really not fair when tenants don't pay rent as we have mortgages/bills to pay ourselves. Plus this is my only rental property so it's really hurting financially at the moment.

              Comment


                #8
                A landlord can insist on cash unless:

                1. the tenancy agreement provides otherwise

                2. payment by another method has become established by custom

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                  #9
                  Ok so I can't insist on cash.

                  If I do give the tenant my bank details (again) and they pay a cheque into my account the day before the court hearing, will the court throw the case out even though the cheque hadn't cleared?

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                    #10
                    Originally posted by firepool View Post
                    Ok so I can't insist on cash.

                    If I do give the tenant my bank details (again) and they pay a cheque into my account the day before the court hearing, will the court throw the case out even though the cheque hadn't cleared?
                    Shushhh. I don't think we need tenants catching on to any more naughty tricks.

                    I think that as long as you can show all the things you mentioned to the court, tenant should not have a leg to stand on. (Maybe wait for poster Westminster to confirm this.)

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                      #11
                      Ok thanks for the advice.

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                        #12
                        You can't stop T paying into your bank account if he has a/c details nor prevent a wad of notes being delivered to your address for service of notice prior to hearing. A predictable lose if Judge became aware o your attempts to prevent payment.
                        What grounds did you cite on s8? g8 only? With above T history discretionary g's 10 & 11 are likely to succeed.
                        Also did you serve a valid s21 as back up for future?

                        Comment


                          #13
                          Originally posted by firepool View Post
                          Ok so I can't insist on cash.

                          If I do give the tenant my bank details (again) and they pay a cheque into my account the day before the court hearing, will the court throw the case out even though the cheque hadn't cleared?
                          You would then tell the judge what has happened with previous cheques, and ask that the hearing is adjourned.
                          I would expect that payment would need to be with cleared funds.

                          As you haven't even started the court process, it could be months before you get in front of a judge anyway.
                          The more bounced cheques between now and then, the better.
                          Allow tenants to protect their own deposits. I want free money when they do it wrong

                          Comment


                            #14
                            mariner - the tenant is asking for my details again so I think I'll send tenant a letter with my a/c details and quoting that they are in breach of contract if they don't pay by the means stated on the AST ('Bank Transfer').

                            I'm looking to serve the S8 latter part of next week, as after the notice expires the tenant will be 3 months in arrears and will need to pay off 1 month and a bit to bring the arrears below the mandatory.

                            I'm going to cite grounds 8, 10 and 11. And was going to look into also citing grounds 12, 14 and 17.

                            I'm not sure about serving a S21 yet as it's only 1 and half months into a 12 month contract. (I will only offer 6 month contracts after this).

                            thesaint - After giving the tenant my a/c details I'm sure they will still make attempts to pay by cheque so will probably get more bounced ones.

                            Thankyou

                            Comment


                              #15
                              Final arrears letter before a Section 8?

                              Hi,

                              As a landlord do I have to give the tenant a final arrears letter prior to issuing S8 notice?

                              And if so can I issue a S8 a couple of days after the final arrears?

                              (So far I have posted two arrears letters to the tenant).

                              Comment

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