Tenant in Arrears

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    Tenant in Arrears

    I rented a property out last April on a 6 month tenancy. the tenant lost his job and fell into arrears but not for the full rent as some of it is now being paid by the benefits agency.

    An S21 notice was served by the agent and the tenant now refuses to go without a court order as will be homeless but is supposedly actively looking for something cheaper.

    As I see it I have a few choices,

    a) go for the court order now and and then for the rent arrears when the property is empty.

    b) wait till the property is empty then go for the arrears.

    c) agree to waive some of the arrears for a quick move out.

    Am I likely to ever recover any money from this person?

    #2
    I cant see the difference between a and b. The tenant will not go unless you get possession in court or he volunteers to move out.

    If he is not paying rent as we speak, maybe c is not a bad idea. Do you have a deposit?

    (A section 21 notice is a notice that you may be applying for possession. He had no reason to move because of the notice)
    All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

    Comment


      #3
      Originally posted by Jophus View Post
      I rented a property out last April on a 6 month tenancy. the tenant lost his job and fell into arrears but not for the full rent as some of it is now being paid by the benefits agency.

      An S21 notice was served by the agent and the tenant now refuses to go without a court order as will be homeless but is supposedly actively looking for something cheaper.

      As I see it I have a few choices,

      a) go for the court order now and and then for the rent arrears when the property is empty.

      b) wait till the property is empty then go for the arrears.

      c) agree to waive some of the arrears for a quick move out.
      If you are certain that the Sec 21 has been served correctly, then go to court and get a possession order. The tenant is still entitled to stay when the possession date passes. You then have to get a bailiffs order to get him eventually removed(if he decides to stay).

      There's little point in getting a money order for unpaid rent, as you don't know how much he will owe when he eventually leaves.

      I would not offer to waive any money, as this can get messy.

      Originally posted by Jophus View Post

      Am I likely to ever recover any money from this person?
      Yes.
      No.
      Maybe.
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        Originally posted by MSaxp View Post
        I cant see the difference between a and b. The tenant will not go unless you get possession in court or he volunteers to move out.

        If he is not paying rent as we speak, maybe c is not a bad idea. Do you have a deposit?

        (A section 21 notice is a notice that you may be applying for possession. He had no reason to move because of the notice)
        Yes my agent does have a deposit and has I hope served the notice correctly. The tenant is supposedly looking for somewhere else and the longer he takes the more the debt is mounting

        The difference between a and b is just waiting until he goes and not paying the court costs for his eviction, would I be able to recover them via a CCJ or only the rent arrears. The agents have offered to try and find him cheaper accomodation but if a CCJ is issued is this not going to make it hard to get anything.

        I really do not want to evict unless I absolutely have to, perhaps am too soft to be renting at all but I have always treated my tenants the way I would like to be treated myself

        Comment


          #5
          Originally posted by thesaint View Post
          There's little point in getting a money order for unpaid rent, as you don't know how much he will owe when he eventually leaves.
          Point taken, two CCJ's would rack up the debts anyway, my reluctance to jump straight into court action is if the flat is vacated soon I will just have wasted my money on the court fees and solicitor.
          Last edited by Jophus; 11-01-2013, 17:35 PM. Reason: typos

          Comment


            #6
            If you go to court to get possession and are awarded costs, then you do not need to sue again if he does not pay: you already have a judgment that he must pay.

            If T leaves after you start court proceedings, the court may still award costs to you.

            Comment


              #7
              Cheers folks, will start court proceedings next week, am just hacked off this is my reward for trying to help out by being reasonable in the first place.

              Comment


                #8
                With regard to court fees, the court will almost certainly order the tenant to pay you the £175. Whether you can make him do so is another matter.

                A section 8 eviction may take slightly longer but can be cheaper (£100) and you get a judgement for the missing rent (right up to leaving day) without the hassle and extra expense of a separate court claim.

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