12 month tenancy ends 16/08/2014 no rent paid for 2 months - HELP!

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    12 month tenancy ends 16/08/2014 no rent paid for 2 months - HELP!

    I need some help, as never been in this situation before. We have been flexible with our tenants and tried to assist, but now they won't speak to us on the phone as their speaker has broken, and now won't respond to texts.

    The last agreement was for them to pay the 2 months arrears on 8th August, this broke down for one reason or another. We said we were coming over to see them on 9th and if they were not there we would post a letter, rent statement and a form for them to complete (detailing why they have had difficulty). We have not heard anything. In the letter is stated that we would give them a further five days, which ends to today. We also mentioned for them to keep in touch, which they haven't. We have tried to make contact today, but heard nothing. We also mentioned that we would have to consider ending the tenancy should the rent remain unpaid. Well it does.

    As the 12 month tenancy ends on 16th August, and then would move into a monthly contract after, what is the proceedure I need to follow? I have tried to read up but we are at a loss. We do not want to harrass the tenants as you need to tread carefully.

    So I now need to serve them with a section 21 or section 8 notice, or is is something else.

    In my agreement it states we can give them 21 days notice should the rent be cover due, however now the formal agreement is over, would this still stand. I am unsure what to do first.

    Is there a company that can deal with all this for you?

    Please could someone assist.

    Thanks,

    #2
    If you are wanting to evict your Tenants, which it sounds like - for good reason, then you can elect to serve either / and a Section 21 or Section 8 notice. The Section 21 is what is more known as a "no reason" eviction notice and it is also guaranteed. A Section 8 can be served for things like rent arrears and suchlike, but it is not as guaranteed as Section 21 because a Tenant can put in a counter-claim (likely for disrepair, if any exists that they can use). However, the tricky thing for you - if you think the Tenants are not going to just depart of their own accord after the end of the fixed term - is that an eviction notice like a Section 21 requires time - you must give the right amount of notice (at least 2 months)... and the Tenant can happily stay on in your property, possibly not paying rent, while that time wastes away. To serve a Section 21 you must have protected the deposit, if there was one, correctly and in time.

    I'm sure others will provide more advice and experience... I've not yet had to serve any Section 8 and have only served a single Section 21.

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      #3
      Yep I have protected the deposit with the DPA.

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        #4
        If you protected the deposit (and gave the tenants the prescribed information) within 30 days of receiving the deposit,
        you should go ahead with a s21 notice.
        There is no defence to such a notice, as it is a no fault route.
        It takes longer than a s8 notice, but a tenant can create reasons to defend them.

        You need to give two months notice.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Oh blimey, we have placed it into the Deposit Protection Agency, straight away. However I never got them to sign the Prescribed Information Form....will I have a problem? IS there anything I can do now? It is annoying as we did this straight away.

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            #6
            They don't have to sign the form.
            Just be given the information it contains - sending it to them is enough.
            If you haven't done that, you will need to return their deposit in order to issue an s21 notice.

            It doesn't affect the section 8 process.

            Are you sure they haven't left the property and ended the tenancy themselves?
            You have the right to inspect the condition of your property giving 24 hours notice (unless they refuse to let you enter).
            Push a note through the door notifying them that you want to inspect the condition of the property in 24 hours time (and give your contact details so they can arrange a different time).
            Provided they don't decline, go and have a look around in 24 hours.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              jpkeates,

              Can I respectfully disagree with the the advice to return the deposit.
              It appears that the deposit was protected "straight away", thereby complying with s 213(3) so does not need to be returned. The need to return only applies if not protected within 30 days of receipt

              As you say, if PI has not been served that would need to be done, and it is unclear if it is unserved or just unsigned.

              Given the date. I would also say that unless the OP is able to seve the notice today, they should be advised to re-serve the PI next week at the start of the new SPT.
              They should also check the advice of the scheme they use to see if any action needed in relation to the SPT
              Lurking Here since 2007 (ish)

              Comment


                #8
                Mr Bond is correct and I am wrong.
                Failure to provide the prescribed information within 30 days does not prevent the use of the s21 route.
                The information simply has to be supplied to the tenant before the notice can be issued.

                That's the second time I've made the same mistake,
                thanks for (politely) picking me up on it.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  So I am writing to them now, they are there still. So informing them of what we have done. Send them presriptive information. The deposit was secured within 1 day of receiving it. Then once we have done that we will get a section 21 and section 8 notice. Cheers. Kathryn

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