Can I ask for a doctors note

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    Can I ask for a doctors note

    Hello, I am looking for advice regarding a tenant who initially told me in December that he had been in hospital for 2 weeks for an operation on his nose and would not be able to pay his rent until January 2017 saying he will have to stay in hospital longer another 2 weeks at their request and as a result is not able to work. January has come and he is still saying that he is in hospital and now having to stay another two weeks until the end of January, now saying he will sort payments in February.
    In effect this means that he would have been in hospital since 23 November 2016.
    If he has not paid by 21st February he will at that point be 5 months in arrears.
    At first I wasn't suspicious but now having had the dates put back I am questioning the likelihood of such a long hospital stay so have since gone online to follow a few threads on his web pages and I actually think he is on tour in the u.k with a band he possibly manages (he has done this before). Interestingly they are on tour until the end of January!
    My question is can I ask for proof of his hospital stay? For example request a Doctors letter etc. and/or ask him specifics? What hospital and ward are you in? However I feel he will possibly say he is in Poland receiving treatment or more rubbish that prevents me validating his story, which is why I am wondering if I am allowed to ask for a medical note/letter to confirm his stay.
    I have emailed him recently to say I will be formally requesting from him his arrears in a letter as part of due process, but at this time will not be issuing section 8 notice as he is saying he is in hospital. However I don't want to hold off issuing the section 8 if his story is not genuine. Thank you.

    #2
    Originally posted by michael james View Post
    My question is can I ask for proof of his hospital stay?
    You can ask: but I can't see that he is obliged to reply (less still to comply).

    It sounds as though that s8 notice is well overdue.

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      #3
      Thank you.

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        #4
        He's in arrears - that's all that is legally relevant.

        If you want to take in consideration his circumstances then that is up to you. If you want verification of his circumstances, that is also up to you. There's no obligation for him to respond.

        But if he is struggling to pay his rent during treatment, he should first be getting friends or family, work or even insurance to help fund him during his stay - not you. Be sympathetic, but insuring him for hard times is not your job.
        Assume I know nothing.

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          #5
          Even in the rather unlikely event he is telling the truth, you cannot be expected to allow free rent while he recovers,

          The longer it goes on, the less likely you are to receive the arrears.

          Issue a section 8 now and it might make him realise that his first priority should be his rent.

          You may feel unkind if it transpires he was telling the truth but kindness will not pay your own bills.

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            #6
            - His medical record is no business of yours (nor is it relevant to the actions you need to take)
            - His illness is no excuse (though under many circumstances landlords may find it in their hearts to be accommodating - this may not be one of those circumstances)

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              #7
              Thank you for all your help. I am intending to issue section 8 under the premiss that yes initially I was concerned for him but now just feel I am being taken for a ride. Yes he is not my responsibility and I have decided to get on with it regardless of his circumstances. So I will not be requesting any proof, just keep it simple and do what I should have done a month ago. Thanks again

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                #8
                Don't be a mug, issue him with both a S8 and a S21.

                A S8 can be defended and in the unlikely event he is telling the truth he might defeat it, he cannot defeat a S21.
                I offer no guarantee that anything I say is correct. wysiwyg

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                  #9
                  Originally posted by jta View Post
                  Don't be a mug, issue him with both a S8 and a S21.

                  A S8 can be defended and in the unlikely event he is telling the truth he might defeat it, he cannot defeat a S21.
                  He can if the paperwork is incorrect!!

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                    #10
                    Originally posted by amazondean View Post
                    He can if the paperwork is incorrect!!
                    It wont be incorrect if the poster gets advice from here.
                    I offer no guarantee that anything I say is correct. wysiwyg

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                      #11
                      If T is currently in Hospital, a 'concerned' LL may want to visit him in hospital.

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                        #12
                        Originally posted by mariner View Post
                        If T is currently in Hospital, a 'concerned' LL may want to visit him in hospital.
                        And you can hand him his S21 while you're there,

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                          #13
                          Good evening, I issued a section 8 last February. The tenant has been paying off the arrears £50 a month whilst continuing to pay his rent. However the grounds for eviction still apply as he is still in arrears and pays rent persistently late. 12 months have past and my question is do I have to issue another section 8 or does the existing section 8 apply? Thank you.

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                            #14
                            How much in arrears? Is he catching up on balancing the books? If you'd followed through with court proceedings at the time he should be gone by now.

                            Are you happy for him to continue making up the arrears? At least he's trying to make it up (better than my last tenants!)

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                              #15
                              I don't want him gone as he is making attempts to clear his arrears currently £900.00. It may take some time and he has been at this address for 6 years now but I still would like him to know that the section 8 still applies a form of leverage if you like. The section 8 allows me to proceed if he slips further into arrears. He rents a room in a shared house so this amounts to 3 months rent outstanding. Having evicted tenants before and issued CCJs and not seen a penny of monies owed I thought to agree an achievable amount each month £50 and try something different.

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