Is notice period less than two months if tenant a non payer ?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Is notice period less than two months if tenant a non payer ?

    I have a regular late payer of rent. I'm having to chase him up for rent every month. His tenancy is beyond the 6 month period. I believe I have to give at least two months notice. Such that that includes at least two whole rental periods. So the best bet is to serve notice on last day of rental period before next months rent due. Except the moment I serve notice on him I just know he'll stop paying rent altogether. That means the last two months he won't pay rent. Or is it the case that as he regularly pays rent late I can give him less than two months notice ?
    For sure it seems to me tenants have too many rights. When they fail to pay their rent, usually becuase they think the pub or some other luxury is more important, the law should make it possible to boot them out with just one weeks notice as far as I'm concerned.
    Cheers for any tips.

  • #2
    Originally posted by Robin View Post
    as he regularly pays rent late I can give him less than two months notice ?
    Errrrrrr...... no.

    Comment


    • #3
      You could consider the section 8 route Robin. Though the grounds would be discretionary and waiting for a court hearing day can mean it takes as long as the section 21 accelerated possession procedure.

      By the way, you are being a little naive if you think you only stand to lose two months rent if he choses not to pay when served with notice. If the tenant wants to be a pain in the rear he could chose to wait for you to get a court order for possession (which can take up to an additional three to four months).

      To add insult to injury the tenant could also chose to ignore the court order and then you would have to call in the court bailiffs! If they are busy you can probably kiss goodbye to another 4 to 6 weeks rent! Making a total of about 6mths lost rent!!!

      Sorry if I sound blunt but it is the way it is I'm afraid....

      Good luck with it anyway.

      Kind Regards

      J

      Comment


      • #4
        Joanne, you're trying to cheer him up aren't you?

        There is the distressed landlord's help line of course - it's called the Samaritans!!!
        Last edited by rewop46; 14-03-2007, 21:06 PM.
        If you are not offended by what I say then please tell me so that I can try harder next time.

        Comment


        • #5
          Of course I was trying to cheer him up rewop! If I'd been trying to depress him I would of warned Robin that if the tenant turned really nasty he could also run up £1000's in debt (in the landlords name) and get £1000's in catalogue goods (in the landlords name) and then could go on to totally trash the place before abandoning it!!!

          Don't forget I'm in court tomoz with my THIEVING TENANT so members will have to forgive me for being a little pessimistic!

          J

          Comment


          • #6
            Phew, its a good thing you didn't mention that to him then - he would certainly be reaching for the phone for the samaritans if you had!

            Comment


            • #7
              Originally posted by Joannepowell View Post
              Don't forget I'm in court tomoz with my THIEVING TENANT
              Have you trademarked that phrase yet?!

              Good luck for tomorrow!

              Comment


              • #8
                No but it's copyrighted so don't even think about pinching it Eric!

                J

                Comment


                • #9
                  By the way - forgot to mention if tenant is really, really crafty and rewop's property is owned outright then arn't I right in thinking that the tenant may even have secured a mortgage on the rental property???

                  J

                  Comment


                  • #10
                    sadoldgit

                    I think I will take my own advice here - anyone know the Samaritans number?

                    I might even change my name from rewop to sadoldgit.
                    If you are not offended by what I say then please tell me so that I can try harder next time.

                    Comment


                    • #11
                      BTL living the dream

                      Just think of all those 00,000's of cap gain though
                      Now signature free.

                      Comment


                      • #12
                        Line Engaged

                        Originally posted by rewop46 View Post
                        I think I will take my own advice here - anyone know the Samaritans number?

                        I might even change my name from rewop to sadoldgit.

                        You might find the line engaged rewop.... cos I've been on to them all night!!! You should find the line becomes free at about 11am cos I'm due in court at 11.15!!!

                        J

                        PS. Wanted to change my name to BEENHADHASBEEN but don't think there's a facility to change your name once registered. If anybody knows different can you let me know how to change my name on here cos I'd been keen to stop using my real name! Thx in advance guys.

                        Comment


                        • #13
                          Loss

                          Originally posted by lorenzo View Post
                          Just think of all those 00,000's of cap gain though
                          How many of those zeros would be left after having to totally revamp the property when some bugger trashes your place Lorenzo?

                          J

                          Comment


                          • #14
                            Originally posted by Joannepowell View Post
                            How many of those zeros would be left after having to totally revamp the property when some bugger trashes your place Lorenzo?

                            J
                            Yeah a major bummer.

                            Can this sort of thing be insured against in the UK?

                            ...and, can the "repairs" be deducted from tax or are these deemed as capital improvements?

                            One "guru" here stated that a tenant who trashes the joint almost does you a favour. (redecorate to get a higher rent, additional depreciation deductions etc)


                            I do use the term "guru" very loosely though
                            Now signature free.

                            Comment


                            • #15
                              Originally posted by Joannepowell View Post
                              You could consider the section 8 route Robin. Though the grounds would be discretionary and waiting for a court hearing day can mean it takes as long as the section 21 accelerated possession procedure.

                              By the way, you are being a little naive if you think you only stand to lose two months rent if he choses not to pay when served with notice. If the tenant wants to be a pain in the rear he could chose to wait for you to get a court order for possession (which can take up to an additional three to four months).

                              To add insult to injury the tenant could also chose to ignore the court order and then you would have to call in the court bailiffs! If they are busy you can probably kiss goodbye to another 4 to 6 weeks rent! Making a total of about 6mths lost rent!!!

                              Sorry if I sound blunt but it is the way it is I'm afraid....

                              Good luck with it anyway.

                              Kind Regards

                              J
                              Joanne Thanks for your post
                              His rent cheque has just bounced !
                              Under a section 8 I understand I can have him out in 14 days.
                              If he doesn't go in that time can I change the locks after 14 days or is a physical eviction by order of a court req'd ?
                              I just spotted the section 8 notice says "Where the landlord is seeking possession on grounds 1, 2, 5 to 7, 9 or 16, court proceedings cannot begin
                              earlier than 2 months from the date this notice is served on you"
                              What a joke, so it's no faster than a section 21 !
                              Why is the law so weighted in favour of the tenant ?
                              He took a nice holiday a month ago...... at my expense !
                              Also the stupid form doesn't define what grounds 1 to 16 are so I don't know which ground number is non payment of rent.

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X