Rent arrears - Eviction

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    Rent arrears - Eviction

    I am a newbie so any help appreciated. My tenant is in severe arrears over 3000k (I know its a joke). Have sent a letter stating he is in breach of his contract - never seems to reply.

    Got a text saying he does not have to reply to me? He knows his legal rights? Accusing us of harassing him. Letter stated if arrears not brought up to date by 10 march we will terminate his contract.

    What are the correct steps to take S8 or S21? Been a tenant since 2008 with yearly AST ending Oct 2014.

    Many Thanks

    Jo

    #2
    Did you renew his tenancy in October of last year?
    Did he pay a deposit(at any time)?
    Does your tenancy state that you can use Sec 8 of the 1988 Housing Act to start proceedings to bring the tenancy to an end?
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Originally posted by Joanne2121 View Post
      ....My tenant is in severe arrears over 3000k (I know its a joke).....

      ....
      £3million quids?? Surely you mean over £3k???

      Apart from a single letter what other grounds might tenant have for alledging harassment ?? eg see list here..
      http://england.shelter.org.uk/get_ad..._by_a_landlord

      We await your answers to saints questions...

      Cheers! (Has worse arrears than £3k btw..)
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Original deposit taken in 2008 - so not in a secured scheme!

        Renewed Tenancy Oct 2013.

        Tenancy does not state anything about S8 or S21 only states the following

        p) In the event of the rent being in arrears for at least 14 days, whether expressly demanded or not, or any other breach by the Tenant of the terms of this agreement, the Landlord may re-enter and take possession of the premises and terminate this agreement without prejudice to his rights to recover all unpaid rent and other damages liable through any other breach of the terms of this agreement.

        As for harassment - all I have done is polite letters about arrears and what he intends to do and have verbally spoken to him when he said he would pay extra 100 each month which he has not as not always paying the full rent.

        Basic AST - originally from Letting agent 2007.

        Thanks
        Jo

        Comment


          #5
          Can I ask again:

          Originally posted by thesaint View Post
          Did you renew his tenancy in October of last year?
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            Yes renewed Oct 2013

            Comment


              #7
              Originally posted by Joanne2121 View Post
              Original deposit taken in 2008 - so not in a secured scheme!
              Ah! April 2007 was the date:
              http://england.shelter.org.uk/get_ad...ection_schemes
              - or if not that re-protection when renewed...

              You will need to return deposit to tenant (or get his written agreement to use againts rent arrears) BEFORE you may issue a valid s21. If you have his bank details safest way is bank transfer.

              Tenant may now or in future sue you for up to 3x deposit as you failed to comply with the law.

              Tenancy does not state anything about S8 or S21 only states the following
              That means you can't use S8 during fixed term.... When does the renewed tenancy end fixxed term??

              What does tenancy say about when rent payable?? Weekly, 4-weekly, monthly???

              As for harassment - all I have done is polite letters about arrears and what he intends to do and have verbally spoken to him when he said he would pay extra 100 each month which he has not as not always paying the full rent.

              ..
              In view of his assertion of harassment I would communicate in future if at all possible by letter (keep copies) or email. Keep a log of when you have any contact with him in case he takes you to court for harassment. From what you've said it ain't harassment at all - but keep all evidence JIC.

              Your best bet (see what others say..) IMHO is sort out deposit then S21 (what were dates of last renewed tenancy Oct 2013??) the wait for expiry then start court process...

              PLEASE tell us it was only a 6-months renewal...

              Cheers!
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment


                #8
                Originally posted by Joanne2121 View Post
                Yes renewed Oct 2013
                How has he clocked up £3000.00 of arrears since October?
                Allow tenants to protect their own deposits. I want free money when they do it wrong

                Comment


                  #9
                  Thanks thesaint & theartfulodger. Will defo learn from this. Will pay and download the AST from this site for future tenants - help very very much appreciated.

                  Jo

                  Comment


                    #10
                    Originally posted by Joanne2121 View Post
                    Original deposit taken in 2008 - so not in a secured scheme!
                    Hasn't it been mandatory since 06/04/07?

                    (Disregard. Other posts made while I was composing this little masterpiece so the same point had already been made by the time it appeared.)
                    There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

                    Comment


                      #11
                      arrears from not paying rent at all - just getting someone to check not actually sure if he has a copy of the contract from Oct 2013 - would this make a difference?

                      Comment


                        #12
                        Tenancy does not have to be written: How was it "renewed" (eg exchange of emails.. ) & if he doesn't have copy did he sign??
                        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                        Comment


                          #13
                          yes he signed with me but not sure if he was given a copy - so I guess it still stands - so frustrated but we learn from our mistakes - can he also move someone in?

                          Comment


                            #14
                            It's strange for a good tenant of 5 years to all of a sudden stop paying rent in it's entirety. There is something else going on.

                            I would serve a Sec 8 notice based on the old tenancy agreement, since it is not clear whether he did agree to a new fixed term.
                            If he produces a new(tenancy agreement) one, and the judge decides you can't use a Sec 8 within the fixed term(as he should), then I would serve a Sec 21(after returning the deposit to the tenant in court in front of the judge), and wait until October to evict.

                            If he doesn't produce a tenancy agreement, but defends on some other basis(made up or not), I would withdraw the Sec 8 claim, (return the deposit to the tenant in court in front of the judge)and immediately serve a Sec 21, and aply for possession which would be a lot sooner than October.
                            Allow tenants to protect their own deposits. I want free money when they do it wrong

                            Comment


                              #15
                              Just popping home to check the agreement - I am convinced it has not been signed at all - will get back to you in 30 minutes - really do appreciate all you help

                              Comment

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