Rent arrears- section 8 procedure

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    Rent arrears- section 8 procedure

    Please could someone offer some advice on the following:
    Tenants signed 12 montn agreement in january. rent is now two months overdue. Property was rented to a couple. The wife has left the property, the husband cannot be traced or contacted, names on references have no idea where he/she is either.
    We have looked into the property through the windows and it appears deserted, in a hell of a mess. We entered on suspicion it had been deserted but personal effects are still in the property.
    We have unsucessfully for the last three weeks tried to find or make contact with the tenants. No one is returning calls or responding to letters and noone knows where they are.
    Which is the best course of action? section 8 for rent arrears or what does one do?

    #2
    I would say that the only way is to take section 8 action as a section 21 cannot take effect until the end of the fixed period of the AST. I would however also serve one of these to be on the safe side.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

    Comment


      #3
      thanks for the response. I assumed to serve a section 8 with a section 21 at the same time. the problem i have is this:
      the property still has tenants possessions in it and assuming we hear nothing from the tenant (as has been the case for the last four weeks or so) what do we do with their possessions in the property? should we wait until the section 8 is due (2 months) or if we hear nothing between now and then assume they are not coming back and enter the property?
      This is my dilemma, i know the section 8 is fine for arrears but the sticking point is the property which appears to have been deserted yet passports, computers etc are still in the property.
      does anyone have any experience of what to do with tenants posessions?
      Many thanks
      Nick

      Comment


        #4
        Originally posted by nick4692 View Post
        thanks for the response. I assumed to serve a section 8 with a section 21 at the same time. the problem i have is this:
        the property still has tenants possessions in it and assuming we hear nothing from the tenant (as has been the case for the last four weeks or so) what do we do with their possessions in the property? should we wait until the section 8 is due (2 months) or if we hear nothing between now and then assume they are not coming back and enter the property?
        This is my dilemma, i know the section 8 is fine for arrears but the sticking point is the property which appears to have been deserted yet passports, computers etc are still in the property.
        does anyone have any experience of what to do with tenants posessions?
        Many thanks
        Nick
        The property has not been deserted in they have left passports and computers there. The tenant/s could just be staying with family until they get sorted.

        Issue the S.8, get a PO, and then get the bailifs to evict them. You can not re-gain possession of the property without any risk unless you do this.

        It will take time and money.

        Comment


          #5
          Hi thanks for the response.
          Had a text from the husband today to say he had no idea that the wife had left him, he was abroad until mid august and that he no longer needed the property. we obviously now have the issue of the rent arrears and the fact that he needs to come back to the house to collect his belongings.
          I guess then the section 8 still stands and we have to purse the tenant for the rent arrears?

          Comment


            #6
            Originally posted by nick4692 View Post
            Hi thanks for the response.
            Had a text from the husband today to say he had no idea that the wife had left him, he was abroad until mid august and that he no longer needed the property. we obviously now have the issue of the rent arrears and the fact that he needs to come back to the house to collect his belongings.
            I guess then the section 8 still stands and we have to purse the tenant for the rent arrears?
            Communication will be the key, Speak to the husband again, say that you want him to keep his costs down as much as possible and ask him ( with agreement from his wife ) to surrender the tenancy.
            You will be much better off keeping on good terms with them and trying to mitigate your losses.

            Comment


              #7
              Hi thanks for your help with this one.
              Major problem is tenant is abroad (SAS or something) and virtually impossible to keep in contact with. For example we sent a reply to his text and four days later no reply.
              In view of the difficulty in communicating and that we have a text message saying "i no longer need the house" can this be viewed as surrendering the tenancy?
              Regards
              Nick

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