Served a section 21 now tenant has stopped paying rent!

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    Served a section 21 now tenant has stopped paying rent!

    Any advice gratefully received - thanks in advance!

    I have served a section 21 on a tenant who is on a periodic tenancy, giving them 2 months notice in line with their rent due dates which actually means they get approx 2 and a half months. Their deposit is protected and all other necessary leagalities are correct. Unfortuantely the little lovely has ceased paying rent (currently only oweing 2 weeks), but the rent is due again next week and if that's not paid then it will be 6 weeks in arrears! Can anyone advise me what action we can take, not sure if the section 21 already being served confuses things? The reason for the section 21 is we are going to sell the property. Albeit the tenant had alluded to the fact he could no longer afford the rent and wanted us to agree to a tenancy with his father (who he appears to have moved into our property - without permission)!

    My concern is if he stays for the whole notice period and doesn't pay he will owe almost 3 months rent!

    #2
    Please complete & paste http://www.landlordzone.co.uk/forums...ll-new-posters
    When was s21 served?

    Comment


      #3
      Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)? England

      Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only? Sole tenant

      Q3 – What date did current TA start dd/mm/yy? 12/12/14 (6 months) then 12/06/15 (12 months) now periodic

      Q4 – How long was initial fixed term (6/12/24 months / other)? see above

      Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)? per calendar month

      Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)? yes 12/12/14

      Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy). 07/08/16

      Q8 – Does the landlord live in the same property as the tenant? No

      Comment


        #4
        Serve s8g10 today.

        If asked explain you will need to inform council of rent arrears , CCJ etc.

        Pursue s21 on expiry
        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


          #5
          Unfortunately, the only money-extraction tool available to us as landlords is the same as anyone else - the courts.

          You really have 2 options -

          1) carry on with your s21 and after you have obtained possession, pursue your tenant for any rent owed through the courts - google 'moneyclaim online'. The issue with this is, it will cost you at least some money and even if you win, will the tenant have the funds available to pay you?

          2a) immediately serve a section 8 notice under grounds 10 & 11 and in 2 weeks time, submit your claim to the court. Now 10 & 11 are discretionary eviction grounds, but as soon as 8 weeks is owed, you can re-serve your notice to include ground 8. You would need to amend your court claim and there would be a fee for this.
          2b) slightly easier but will take longer overall - wait until 8 weeks is owed and then serve a section 8 notice under 8, 10 & 11.

          With both 2a & 2b, ask yourself if it is worth it - will they be ab;e to afford to pay you anything, even if the court orders them to do so?

          Is the property mortgaged? Are you having trouble paying the rent? Does the mortgage company know it is rented? If yes to all 3, contact the mortgage company - you are not the first in this situation and they may be able to go easy on you.

          Just read Artful's - it is a valuable point to make that councils consider tenants in arrears to have made themselves intentionally homeless and are extremely unlikely to rehouse in that situation.

          Comment


            #6
            Currently s21 only reqd 2 clear cal months to expire, but if you stated a later expiry date, that is extant.
            You can serve a s8, g10,which will expire after 14 days, acting as it's own LBA, but easier to defend, so serve but only proceed with s21 (if valid).
            It may mean T pays some rent or just trash's the property.
            Debt recovery is a new ball game, which should be pursued to at least T CCJ stage IMO.

            Comment


              #7
              I don't see what answering the sticky for new posters added to the OP's questions...

              Is the tenant working?
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment


                #8
                Many thanks for replies - we have finally made contact today!

                Comment

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