Newby Landlord vs. Unpaid rents

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    Newby Landlord vs. Unpaid rents

    Hi,
    I have found a direct tenant on his 70's who was very nice, kind and an antique dealer online. He was suggested by a friend so took him on.
    He signed the tenancy agreement with a months deposit and a month in advance. He supposed to be paying me on August 22 yet after so many texts and voice messages , he has made no contact. So tried to catch him and had 1 off face to face with him of which he promised to call on the bank yet several weeks later still-no rent has arrived. I have sent him a recorded polite letter by post concerning the rent arrears again and summary of our last meeting. I want him out asap. So I meant to send him s8 yet I have now realised that the form I completed was s21 and sent it to him too.
    More so with this complication, that the deposit money is still in my position. Because I have been busy with works that I have run days without registering it through DPS. Although I have given him the Rental Booklet, I dont think now that I have given him the EPC, Electrical certificate.

    My question is- should I just forget that s21 letter and re-issue another one within 2 months before his tenancy ended? Or can I still issue s8 for immediate eviction?

    And for the Rental requirements-should I still register the deposit to DPS knowing that he is now almost 3 months rent arrears?

    Your ideas and advises would be very much appreciated.

    Regards,
    Cons

    #2
    Big mistake not protecting the deposit, giving EPC etc.
    S21 is no good until 4 months into the tenancy. Forget that and issue a S8 now. Return his deposit or set it against arrears.

    You could try going to see him and negotiate a Deed of Surrender - expect to pay him to go. It is going to cost you either way.

    Never let to someone without credit checking and referencing them no matter what your friend says.



    Freedom at the point of zero............

    Comment


      #3
      Does the tenancy agreement specifically permit use of s8 in fixed term?? e.g. as in Theresa's Model Tenancy agreement here...
      https://www.gov.uk/government/public...ssured-tenancy
      it says
      1 LANDLORD’S STATUTORY GROUNDS (REASONS) FOR POSSESSION DURING THE FIXED TERM

      1.1 If any of the grounds (reasons) specified in clause E1.2 apply, the Landlord may seek to repossess the Property (sometimes referred to as forfeiture and re-entry) during the fixed term by giving the Tenant notice under section 8 of the Housing Act 1988 of his intention to apply to court for possession and, subsequently, applying to the court for a possession order.

      1.2 The grounds referred to in clause E1.1 are the following grounds which are contained in Schedule 2 to the Housing Act 1988:
      Ground 2 (mortgagee (lender) entitled to possession);
      Ground 8 (at least 8 weeks’ or two months’ rent arrears);
      Ground 10 (some rent overdue);
      Ground 11 (tenant persistently late in paying rent);
      Ground 12 (breach of any term(s) of tenancy agreement);
      Ground 13 (condition of property or common parts has deteriorated due to acts etc. of tenant or other occupant);
      Ground 14 (the tenant or other person residing in or visiting the property is guilty of nuisance / annoyance in the locality or convicted of a criminal offence in relation to the property or committed in the locality);
      Ground 15 (condition of furniture provided under the tenancy agreement has deteriorated due to ill-treatment by tenant or other occupant); and
      Ground 17 (landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by the tenant or a person acting on the tenant’s behalf).
      (If not and it gets to court a smart tenant/lawyer/judge would have the s8 case chucked out..)

      Agree with interlaken: Serve EPC, Gas safe cert of relevant. Expect him to sue you for up to 3xdeposit (you cannot prevent him doing so...)
      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
        Interesting that the government's own model tenancy agreement precludes eviction under ground 7A, so you can't get tenants out after a closure order for prostitution.

        (I guess the government wishes to encourage live/work units.)

        Comment


          #5
          I have yet to see any tenancy agreement that I did not (eventually) decide had errors, omissions or areas for improvement: Including those I'd re-written to make them "perfect" (when i reviewed them a year or so later..)

          Did you ever find out what happened to that little scr*at of a 7A tenant you had (nope, don't want contact details...)
          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


            #6
            I think the police caught up with him.

            My tenant's mail continued to be delivered, including his bank statements. As you know, envelope glue is very poor nowadays, and they fell open. There were rent payments to another agent in the area, who confirmed he was a tenant. I passed this information on to the boys in blue.

            Comment


              #7
              Thank you Interlaken.
              I agree not to trust anyone even how trustworthy they may look like and get a reference or guarantor.

              I have now compiled the EPC to be given to him.
              S8 will be issued as well.
              I will be writing a letter to the tenants too that the deposit will pay for the rent arrears and for him to write back to challenge it or his silence means he accepted the idea.
              I will surely see him and try to catch him out to get his reasons of not paying.

              Regards

              Comment


                #8
                Thank you for sharing.

                I am surely hoping that no legal action can be taken and if there is- I know he can afford the renta plus the legal costs.

                He is just being difficult and I dont know why.
                Regards

                Comment


                  #9
                  confer143,

                  Sounds like someone we dealt with last year, a 70 year old con man who was very very good....conned us out of almost £2k... initials EF

                  Comment


                    #10
                    Sincerely hope you've pursued him through the courts, if only to ensure he gets a CCJ
                    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


                      #11
                      If this was to me then no point, we are one in a long line of people he owes money to and has done a flit as it were, over seas. He is a very well spoken, clever charmer.. and we were idiots.

                      Comment


                        #12
                        They are just the sort I'd spend a lot of time & money on: How else do the decent people (who credit check & reference applicants properly) get forwarned? Really sorry to hear your story.
                        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
                          Finally delivered him the S8 as to an exact 3months unpaid rent. I seems to be stuck as I still didnt get any communication with him. Should I apply for a court order now?

                          Comment


                            #14
                            Originally posted by theartfullodger View Post
                            Does the tenancy agreement specifically permit use of s8 in fixed term??.....
                            Please.......

                            Why wait for 3 months? Only 2-months unpaid (not arrears, unpaid happens earlier) required?? You are not in Scotland are you (where it is 3 months..)??
                            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


                              #15
                              As soon as the Section 8 notice expires, you should commence possession proceedings to prevent any further delays.

                              Comment

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