etiquette when collecting outstanding rents

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    etiquette when collecting outstanding rents

    Can anyone advise me on the rules when collecting debt ?

    I issue invoices to tenants as Im a limited company .

    How often can you call and knock on the door ? What is considered harrasment ?

    When is it best to pass to debt collection ?

    #2
    Originally posted by garob View Post
    ....I issue invoices to tenants as Im a limited company . ...
    Not quite: The Ltd co issues invoices (?? why?? surely the tenancy says tenant must pay rent...): You perhaps sign them as authorised signatory, but it'll be in the name of Ltd co...

    ....How often can you call and knock on the door ? What is considered harrasment ? ...
    ..Why go round? If they haven't paid a simply calm polite letter (from Ltd co..) then s8... or have I missed something?? s8g10 can be issued if only 1p is underpaid only 1 day... What is harassment?? One of the few, IMHO, clear definitions in UK law..., Protection from Harassment Act 1997 s1(2)
    www.legislation.gov.uk/ukpga/1997/40/section/1
    For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to or involves harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.
    - i.e. it don't matter if you think it's not harassment, it's what a reasonable person would think is...

    .
    ...When is it best to pass to debt collection ?
    After you have court judgement, but I'd collect myself - probably cheaper, more effective...

    Problem with s8, easily defended / delayed...
    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
      Thanks TAL -

      Im in the first 4 months of STA so I think S8 does not apply ... yet

      Comment


        #4
        s8 can apply from day 1.. as long as the tenancy specifically permits it;'s use: Does it? (If not,next time, use one that does...). See...HA 1988 s7(6)(b)
        http://www.legislation.gov.uk/ukpga/1988/50/section/7
        (6)The court shall not make an order for possession of a dwelling-house to take effect at a time when it is let on an assured fixed term tenancy unless—

        (a) the ground for possession is Ground 2[F8, Ground 7A] [F9 , Ground 7B] or Ground 8 in Part I of Schedule 2 to this Act or any of the grounds in Part II of that Schedule, other than Ground 9 or Ground 16; and

        (b) the terms of the tenancy make provision for it to be brought to an end on the ground in question (whether that provision takes the form of a provision for re-entry, for forfeiture, for determination by notice or otherwise).
        If not you seem to have few options other than s21 after end 12 month fixed term....

        (No offence...) but what training have you had in landlord/tenant law?
        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


          #5
          Just cut the nonsense and sue them.

          Easy.

          Comment


            #6
            TAL ...

            Learning on the job like most private landlords do . I have a good understanding of contract law as I run my own business ... The tenancy states ...

            5. IF the Tenant(s)

            (1) The Tenant(s) is at least fourteen days late in paying the Rent or any part of it, whether or not the Rent has been formally demanded, or

            (2) The Tenant(s) has broken any of the terms of this Agreement


            then, subject to any statutory provisions, the Landlord may recover possession of the Property and the tenancy will come to an end. Any other rights or remedies the Landlord may have will remain in force


            (NOTE: The Landlord cannot recover possession without an order of the court under the Housing Act 1988)
            (NOTE: This clause does not affect the Tenant(s) ’s rights under the Protection from Eviction Act 1977)

            I ve been lucky over 10 years ..after evicting a nightmare tenant I ve had 2 stable happy tenants ...

            Comment


              #7
              MCOL (small claims), s8, s21 as & when each can be used.
              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

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