Late Rent

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    Late Rent

    Hi

    I have a section 21 expiring soon, and the tennents have not paid the rent in full for this month.Otherwise they are up to date. I normailly have always chased up rent via the phone or text msg if late. Now that I'll have to get a pocession order soon as they won't be leaving anytime, do I have inform them in writing that rent is late or can I continue to notify via phone, and will a true rent schedule that can be verfied by bank statements be sufficeint for the courts. Will a rent problem in the last month have any bearing on the amount of time extension they are given?

    Thank you in advance for any advice

    #2
    Your current arrangements are fine.

    - You will make a statement to the court stating how much should have been paid - backed up by tenancy agreement etc.
    - You will state to the court how much they have paid
    - If the tenants disagree, it is up to them to prove they have paid more.

    Before starting court action, you do need to serve them with a letter before action, telling them:
    - What you want (the rent paying)
    - Why (its what they agreed in the tenancy agreement)
    - What will happen if they don't comply (you'll take them to court)
    This is probably a good place to include a rent statement.

    On section 21, they are likely to be given 14 days notice, up to a maximum of 42 days. However, a polite letter to the court with your section 21 application along the lines of "the defendant is withholding rent which is causing the applicant severe financial difficulty. In view of this, the applicant requests that the court grants possession at the earliest possible opportunity". I can't imagine that would do any harm and gets your request over to the court.

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      #3
      Sounds like they have been late before. Issue s8 g10&11 TODAY but pursue s21 as above.

      Why?
      - remind them rent is due, the formal, legal, way... & they just might pay up..
      - should they wish to get council housing you can send housing dept copies so they see they are "intentionally homeless" & scarce resources aren't wasted on them..
      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...

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        #4
        Appreciate the answers, thank you.

        Looking to follow the accelerated process, so can the section 8 g10/11 be submitted along or separatley. My key is do get them out as soon as possible, with or with out recovery arrers at this point in time. So would a section 8 affter the proceess

        Should i pursue the repayment of arrers in the future after they have left the property or after a poccession order via small claim court should arrers build up? .

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