correct way to collect rent arrears from tenants

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    correct way to collect rent arrears from tenants

    One tenant left he has housing benefit money for arrears refuses to pay and thinks because I dont have his address he is not going to pay despite text saying he would.the other tenant wishes to stay appling for housing benefit no way can she afford arrears unless as she has said it will take her some time to pay.I think both are playing me to get out of paying the arrears and think i WILL simply issue a new tenancy for one i would but will not accept to walk away from arrears.I sent a text as this is the only way the tenant that left speaks to me and told him I am issuing county court papers against both for rent arrears ,is it good enough to send to address he has left as I still have a tenancy with both of them as neither has given written notice or he has not returned any keys.he has not moved far away and the remaining tenant named the road and town he was in.

    #2
    This is a joint tenancy?
    Is it still in it's fixed term?
    Did the tenant who left give you written notice?

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      #3
      not in fixed term ,just phone and text to say he had moved out and we all loose whatever he meant by that.

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        #4
        Okay, you really need a bit of 'real' legal advice.

        If you accept his text as notice (you don't have to), that ended the tenancy, leaving you with 2 choices regarding the female - treat her as a trespasser, or grant her a new tenancy. If you do the former, you would need to get a court order to evict, but you could get the order within a week and I believe the bailiffs would prioritise such a possession order too.

        If you grant her a new tenancy, then although you can pursue her through the courts for missing rent, you can't use 'joint tenancy' unpaid rent as ammo for a 'sole tenancy' section 8 eviction.

        In your shoes, I'd want the non-payers out, not allow the female to carry on running up more rent arrears. Whether they are there or not, if they are skint you are going to find it difficult to get money out of them - court order or no court order.

        If you don't accept his notice (it needs to be written, and I'm pretty sure a text doesn't count) then the current joint tenancy continues and you can serve notices on the male at the rental address providing the tenancy agreement specifies that that is where you can serve notices.

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          #5
          Originally posted by Snorkerz View Post

          If you accept his text as notice (you don't have to), that ended the tenancy, leaving you with 2 choices regarding the female - treat her as a trespasser, or grant her a new tenancy. If you do the former, you would need to get a court order to evict, but you could get the order within a week and I believe the bailiffs would prioritise such a possession order too.
          I believe that if the tenant in situ were to say that no notice has been given, a court would tend to agree with them.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

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            #6
            Originally posted by thesaint View Post
            I believe that if the tenant in situ were to say that no notice has been given, a court would tend to agree with them.
            Any individual tenant acts on behalf of 'the tenant'. If 'the tenant' gives invalid notice, it is up to the landlord whether to accept it or not.

            In this instance 'the tenant' has given notice.

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