Tenant in arrears on rent plus deposit issues

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  • Tenant in arrears on rent plus deposit issues

    Please help! Following various problems with my tenants I served notice on them at the start of December. They then decided not to pay their rent and the last communication to my letting agents is that they are paying the difference between the last two months rent and their deposit saying that we can use their deposit as rent. Is there anything I can do before they leave at the end of Feb? There is certainly damages to the property which I would expect them to pay but not sure if I can do anything until they leave and the last checks are carried out by the letting agents.
    The letting agents are being wimps and I don't know if I believe them when they say there is nothing I can do until the leave?

  • #2
    1. You served Notice. Which one? Was it under s.21?
    2. You can also serve Notice under s.8. Cite rent arrears (some or all of grounds 8/10/11) and breach of other obligations (ground 12).
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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    • #3
      Sorry I'm very inexperienced in this but I have an AST with the tenants so served notice under this.

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      • #4
        Originally posted by nichogan1 View Post
        Sorry I'm very inexperienced in this but I have an AST with the tenants so served notice under this.
        Yes, but what "Notice under this"? Was it:
        a. statutory (i.e. a Housing Act 1988 form); or
        b. contractual (i.e. reflecting an explicit clause in the AST- please provide clause wording, if so)?
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


        • #5
          I'm quite sure this is a section 21. In extreme cases you can get the Leasehold Valuation Tribunal involved.

          Try http://www.lease-advice.org/
          Advertise your student property for free. No.3 on Google, 40,000+ students visitors per month:

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          • #6
            Originally posted by johngekko View Post
            I'm quite sure this is a section 21. In extreme cases you can get the Leasehold Valuation Tribunal involved.

            Try http://www.lease-advice.org/
            No- it's the County Court that has jurisdiction re s.8/s.21 Notices.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


            • #7
              Originally posted by jeffrey View Post
              No- it's the County Court that has jurisdiction re s.8/s.21 Notices.
              Yep, I retract that statement. However maybe still worth seeking free advice from the LVT.
              Advertise your student property for free. No.3 on Google, 40,000+ students visitors per month:

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              • #8
                I will check out my paper work and get back to you, thanks!

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