Rent arrears

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    Rent arrears

    Sorry to post about another rent arrears.

    I'll keep it short as possible, but please feel free to ask questions if I've left some important stuff out.

    My NEW tenant is to-date in his 5th month of a 6 month AST contract. It was agreed it will be a periodic tenancy thereafter.

    I contacted my tenant on 10th Feb stating he's now 2 months in arrears (silly me for not checking sooner), however, the elaborate yarn goes something like this....

    I'll bullet point it for easy reading.
    • His got my bank account hacked and he lost all his money and he needs go into his bank branch and to also get a crime reference number from the police.
    • He was going to borrow money from friends and get me paid up to date. He told me he set up a S/O so he's not sure what's happened as all of his other payments have been paid.
    • He's been in hospital with stress (cough)
    • He's now going to take money out of the marital home
    • There hasn't been any resolution from the bank as yet!
    • He has said by text (twice) that he will pay me what is owed by 1st March
    • He's also stated that I take his payment offer or take him to court where he says by text 'and you won't get a bloody penny'

    He's not been very forthcoming keeping me in the loop, and I've had to chase him on numerous occasions, leading me to think its all a load of bo**ox. This in turn leads to him getting all defensive and he throws a fit telling me what's wrong (which it isn't) with the house.

    I've given him all the necessary documents (EPC, how to rent booklet, gas safety cert, deposit cert). I have the deposit with the DPS.

    I've made my mind up that unless I get all the money and March rent by the 1st March, I'm evicting him.

    My question is....do I serve an S8 or an S21 notice? I would like to serve it myself without the use of a solicitor (unless you suggest I use one) and I intend to have it all prepared to drop off on the 2nd March.

    I read that I have to give him 2 months notice, but I'm confused if I can serve notice while he's still within his tenancy or do I have to wait until his AST has come to an end. I'm guessing he will need to continue paying rent?

    I'd be interested to hear your advice and opinion. There's no need to remind me I'm a pratt for not checking sooner....

    Is it just me or don't you believe his nonsense either?

    Thanks

    #2
    S21 mate. I'd send it now.

    https://www.gov.uk/government/upload...n_property.pdf

    Comment


      #3
      You may have protected Deposit in an Approved Scheme but did you provide T with nec PI?
      Serve s21 now by Royal Mail First Class and get free Cert of Posting from PO counter. You will need to re-serve rel docs with s21. If no rent Rx on 1st, serve s8 g8, 10 11 on 2nd (14 day expiry). Just action s21 when able.

      Comment


        #4
        On the basis that he's threatening you with the message you won't get a penny, I'd serve notice, and explain you will make sure you get every penny.
        If he's got a marital home, he's got an asset you can attach.
        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


          #5
          As above, particularly serve s8 g8, 10 & 11 (assuming your tenancy permits that) and also start MCoL , both TODAY - MCoL so he gets a CCJ earlier (he'll then have difficultly renting in future: Ah, shame..)

          Inform council of arrears so he doesn't get rehoused at our (taxpayers) expense...
          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
            Thanks for your replies and advice, it's much appreciated.

            Originally posted by mariner View Post
            You may have protected Deposit in an Approved Scheme but did you provide T with nec PI?
            What's PI ?


            Originally posted by jpkeates View Post
            On the basis that he's threatening you with the message you won't get a penny, I'd serve notice, and explain you will make sure you get every penny.
            If he's got a marital home, he's got an asset you can attach.
            Am I able to use his threat of not paying in court?
            How do I attach his asset to my forms?

            Originally posted by theartfullodger View Post
            As above, particularly serve s8 g8, 10 & 11 (assuming your tenancy permits that) and also start MCoL , both TODAY - MCoL so he gets a CCJ earlier (he'll then have difficultly renting in future: Ah, shame..)

            Inform council of arrears so he doesn't get rehoused at our (taxpayers) expense...
            Sorry, but what's MCoL ?
            Good idea about informing the council! That's a job for the morning!

            Comment


              #7
              "What's PI ?"

              This & other OP Q's does not bode well.

              Comment


                #8
                I've done some research this morning and have educated myself regarding PI and MCoL

                I don't suppose there's any advice to offer me regarding PI apart from 'lesson learned'. Is it worth asking what now?

                Comment


                  #9
                  Are you sure you didn't send the PI with the deposit certificate? When you apply to the court for a possession order, you will need to send off your documents to the court. If your paperwork included the deposit PI, the judge will assume that you have given the documents to the tenant, unless the tenant says otherwise. Then the judge has to decide on all probability weather you sent them or not. Do you have any proof that the documents you did give to the tenant was given!

                  Comment


                    #10
                    Serve the Prescribed Information before you serve any s21 notice.
                    It gives the game away to the tenant, but it means the subsequent s21 notice is valid.
                    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


                      #11
                      amazondean,

                      I'm pretty sure I haven't given it. I have proof of telling him I've placed the deposit but no proof of giving the certificate.

                      Comment


                        #12
                        jpkeates,

                        Is there anything I could give with it to disguise the PI ?

                        Comment


                          #13
                          You could supply it with all of the other prescribed documentation, and explain that you are simply following advice about serving notices so that they can't be thrown out on procedural grounds.
                          However, if the tenant doesn't leave and you apply for possession, the dates are required on the form you complete.
                          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


                            #14
                            The correct procedure is with jpkeates answer. However you have given all other documents to the tenant that is required. If you send copies of all these documents to the courts including a copy of the PI, the judge will then send copies to the tenant to check. The tenant may not notice anything and say nothing. In which case it is likely that the judge will award possession.

                            If the tenant writes back to the court and says that the PI was not sent, that in itself shows you have sent all other documents. The judge then has to decide in all probability weather you sent the PI. As you have done everything else correct and that you say you have given the PI with all other documents, there is a high chance you will be awarded possession in my view!

                            Comment


                              #15
                              Having read the guidance-on-implications, would this be a possible 'get out of jail' for me?

                              Prescribed Information
                              If you have not served the Prescribed Information at renewal of the tenancy or it becoming a statutory periodic tenancy, there is a RISK that a Court might find that you have not complied with the legislation and not allow you to use the section 21 procedure. In addition you MAY find that you are subject to a financial penalty for not serving the Prescribed Information.

                              I understand it could be as much as 3x the deposit

                              Our Position
                              We recommend that in order to ensure full compliance with the implications of the Superstrike decision, you should re-serve the Prescribed Information within 30 days of each renewal or the creation of a statutory periodic tenancy.


                              As my tenant was planned to go on a Periodic Tenancy after his 6 month AST, (Starts 1st April) if I were to give him the PI after 1st March.....This would of course prevent me from serving an S21 now, but it's less than a week until the end of the month and what's another month without rent if I'm going to get my arrears paid eventually.

                              Is my idea plausible or even sensible? It kinda bothers me that I could spark him off with something he may not even know about atm by sending it now.

                              Subject to the above being dooable, what date could I use the S21 route?

                              Thanks

                              Comment

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