Agents wrongful renewal and tenants not paying.....

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    Agents wrongful renewal and tenants not paying.....

    Hi,

    Apologies for the long question, our situation has become quite complicated, and I have no idea what to do next!!

    Our tenant began to pay late at the end of their 6 month AST. We told our managing agent not to renew the tenancy. They ignored this and renewed it anyway. The agents are being absolutely useless, but have admitted they should not have renewed it in writing to us.

    Tenant has since been served a Section 8 notice on grounds 8, 10 and 11, but immediately paid a small balance of the rent, to stop the eviction proceedings. This has happened again this month, with enough of a payment being made to stop us serving another Section 8 notice.

    Are the agents liable for the rent arrears, as they have gone against our wishes?

    Is there any other way to get the tenants out?

    Thanks for any help!

    #2
    Liability:

    The agents may be liable for any financial loss - but you would have to pursue the tenant for unpaid rent before you could prove a loss.

    Paying a small balance doesn't stop you continuing with the section 8. Even if there is still less than 2months owing at the date of the hearing, you may still succeed under grounds 10 & 11.

    You will have no need to serve a new s8, they are valid for 12 months.

    Comment


      #3
      you don't need to serve another section 8 - provided 2 months were owing at the time of service.

      Post up the payment history as your post doesn't make sense to me - you suggest they are 2 months behind so you issue a section 8 and they pay a small amount. this month they must have paid nearly all their rent to not be still 2 months behind?

      e.g monthly rent £100
      1st jan - Paid £0 owing £100
      1st Feb - £0 owing £200
      14th Feb section 8 issued
      19th Feb - £20 paid owing £180
      1st March - Paid £81 owing £199
      1st April - anything less than full rent and they are then 2 months behind again

      Comment


        #4
        or are you saying you had the hearing and they paid up then?

        Comment


          #5
          Payments are -

          Due on 7th of the month, £600 a month.

          Jan - paid £600, on the 26th Jan
          Feb - paid £600, on the 21st Jan
          Mar - paid £0 (owing £600)
          Apr - paid £0 (owing £1200)
          Served Section 8
          May - paid £969.20 on the 2nd May (owing £830.80 - agent told us we couldn't now continue with eviction)
          - paid £200 on the 18th May (owing £630.80)
          Jun - paid £200 on the 11th June (owing £1030.80)

          What's the likelihood of being able to evict without them being at a full 2 months arrears?

          Comment


            #6
            Personally I'd wait until the end of the six months - server the S21 now and commence action on the 1st day possible. I'm assuming it will be less fuss and quicker in the end as I can see your tenants just bringing the the amount owing to under 2 months in time for any court hearing.

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