Guarantors

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    Guarantors

    I have had a tenant for eighteen months and is now coming to the end of the last six month agreement. (Saturday 14th January 2017. They have had payment issues in the past and are now two months in arrears. We had been prepared to offer them a three month new contact upon receipt of a payable arrears payment plan. We now think we would prefer if they left the property. Should I or need I give them notice we do not intend to offer them a new contract and should I ask/or give them a date to leave, Should I put a s21 through the door on Sunday if i do not come to any further agreement. Long I know but I am new to this. Regards. bonon

    #2
    You should have been serving s8's for rent arrears for every missed/short payment: You can serve s8g10 if only 1p is underpaid for only 1 day. So serve s8 TODAY with all relevant grounds. They just might take the hint & start paying.

    You should have served s21 in Nov 2016: Serve it TODAY - as long as deposit was protected & PI served within 30 days: If you don't know what PI is you probably have a problem... And, assuming last 6 month tenancy started 15th July 2016 then s21 only valid if you have served (before s21..) EPC, GSC (if relevant) & "How to Rent" booklet.

    The tenant is entitled to remain & rolling, periodic, tenancy ensues: A landlord or agent is unable (legally impossible to..) prevent this.
    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


      #3
      You can serve a s21 notice giving the tenant two month's notice.

      Personally, I'd post it from a post office getting a free proof of posting, and allow two business days for delivery.

      They don't have to leave, and you may need to go to court to obtain repossession.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        Thank you for both the replies. I am a new (ish) landlord and have never had a situation like this in the past. I have downloaded forms Section 6 and s21. I thought that I could not do anything until after the tenancy agreement had timed out. ie- after the six month agreement being Saturday the 14th. If/when I issue the s8 and or s21 (which first) do I just post them to the tenant or do either of them need to go to the court. Note, she will only be two monthe in arrears at the same time her conttract finishes on the 14th. No sorry I do not know what a P1 is. She does have a current gas certificate and an EPC was in place at the beginning of her first agreement. The deposit is with the DPS. Regards. bonon

        Comment


          #5
          end of tenancy and do i need to give them notice to leave

          Tenant is days away from the end of her second (12 and then 6 month agreements. ) Do I have a legal responsibility to have informed her we were not offering a further short term agreement. If she does not leave what is the procedure.

          Comment


            #6
            If the tenant doesn't leave and it's an AST, the tenancy automatically becomes a periodic tenancy - with the period determined by the rent payment cycle (monthly rent becomes a monthly periodic tenancy).
            That's unless the tenancy agreement says something different (but it can't stop it becoming periodic).

            If you want the tenant to leave, you need to serve notice to them (having made sure that everything you need to have done before notice can be validly served has been done.
            If the tenancy began 18 month's ago, that means that any deposit was protected and the Prescribed Information relating to it was served to the tenant within 30 days of receipt.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              Why do we have two threads on the same issue?
              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

              I do not answer questions through private messages which should be posted publicly on the forum.

              Comment


                #8
                T does not have to leave (although she may and does not need to give you notice).
                On expiry of the term, and if T still has possession, the lease will automatically become a statutory periodic tenancy (month to month) - largely on the same terms as your current contract.
                You will need to give T at least 2 months notice (T needs to give 1 month) and the notice must expire at the end of the payment term.

                Others will advise you of the notice procedure (S21 etc..).

                So unless T is planning to move out of her own accord, you have T for at least another two months.
                Assume I know nothing.

                Comment


                  #9
                  The tenant's notice to quit during a SPT must correspond to the rental period which may or may not match when rents are paid, but the landlord's notice just has to be at least 2 months. But in LL's case, then there's court proceedings for repossession and then bailiffs.
                  I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                  I do not answer questions through private messages which should be posted publicly on the forum.

                  Comment


                    #10
                    Two related threads have been merged.
                    I also post as Mars_Mug when not moderating

                    Comment


                      #11
                      Perodic or new short term tenency agreement

                      Our tenants STC is up this coming Saturday. We want her out some time in the fiture. (various issues) She is also behind with her rent but I want to give her some time to catch up. Should I let the contract roll on to a periodic contract or issue her with another sixe month contract. Are there any pitfalls with letting her go onto a rolling contract. I know I will eventually be required to give her two months notice. Regards.

                      Comment


                        #12
                        Periodic: Gives tenant most incentive to pay, and to look after the place. Offer a non-paying tenant a new contract? No offence but, bonkers!

                        I'd serve s21 (assuming you've done all the pre-reqs..) and s8 TODAY. s8g10 can be served if only 1p is underpaid only 1 day.

                        Explain to tenant (verbally, not in writing..) that you inform councils of all evictions and that as there are rent arrears you will copy s8 to council & council will this likely decide they will be "intentionally homeless" and not rehouse them: Of course if rent is all paid, no need....
                        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
                          Two related threads have been merged.

                          bonon, please post related issues in this thread and don't post new threads.
                          I also post as Mars_Mug when not moderating

                          Comment


                            #14
                            Guarantors

                            Could anyone answer the question. Our tenant is now coming up for her third renewal of tenancy agreement. When she was first signed up by an agent she obtained a guarantor. Does the garantor agreement run for the course of the tenancy or the course of the first six month agreement.

                            Comment


                              #15
                              The guarantor agreement may have terms attempting to apply it for as long as the tenant remains. You will have to look at your agreement to check. Such terms are unlikely to be found enforceable if it goes to court. No one here can tell you for sure.
                              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                              I do not answer questions through private messages which should be posted publicly on the forum.

                              Comment

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