Rent arrears and NTQ advice

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  • Rent arrears and NTQ advice

    Looking for some advice please.
    New to this with this being my first rental property. Not a very good start.
    Short assured tenancy started 5th Nov 2016, with tenant signing AT5 then Tenancy agreement, tenant paid first months rent and deposit, second months rent in december was a few days late and that was the last payment i received. I have been in touch countless times and have been promised it but nothing has been paid so now over 3 months in arrears.
    Contract is for 6 months then day to day thereafter with either party giving one months notice. Tenancy agreement finishes 4th April 2017.
    Ive been on the internet looking for advice and just seem to be getting more confused as to what to do, dont really want to go to the solicitors just yet, can anyone advise me on the best way forward.
    I am very confused on what notices i should give. NTQ, section 33 and AT6 and would i need to give 1 or 2 months notice. In Scotland.

  • #2
    Serve NTQ & AT6
    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...

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    • #3
      Start a money claim online ("small claims" court)

      How did you find this joker of a tenant in the first place? What are their characteristics? (do they have cash in the bank, on benefits etc)

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      • #4
        He seemed above board, references checked out, he has told me he lost his job so now has no money. I have no way of knowing if he is telling the truth. I thought he would have applied for housing benefit or something similar, unfortunately for me he has no intention of leaving.

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        • #5
          If i serve the AT6 form and give Ground 12 as the reason, some rent lawfully due from the tenant. Do i only need to give 2 weeks notice, Note 3 to the tenant seems to imply this, if this is the case do i just put 2 weeks notice on the NTQ aswell. Sorry if im not understanding this properly my heads struggling to take all this in.

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          • #6
            At least point out to him how to claim HB and check any other benefit entitlement
            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...

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            • #7
              HB was mentioned but he wasnt interested, i am not sure if he is still working and just not paying i dont really know how i can find this out. I tried to get him to pay something towards his rent then make the arrears up when he was working again, but again he just said he had no money, he is going to be 4 months in arrears in a few weeks and i dont think he will be paying any of it. I think i just need to get the property back and try and find another tenant.
              I just need to find out what forms to send and how to fill them in properly so i can get the ball rolling.

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              • #8
                I would e-mail the council let them know that he is more than two months in arrears and ask them to make any housing benefit payments to you direct.

                This has worked for me in the past when I have had tenants who are not paying rent but were receiving (and spending) housing benefit.

                Worst case scenario is you will get an e-mail back to say the tenant is not receiving housing benefit. If you do get lucky because they pay in arrears it can make a big difference to bringing the arrears down.

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                • #9
                  Thanks Sandi, Ill maybe give that a try.
                  I have managed to find out that he is now self employed but dont know if he is working or not.
                  I have sent away a NTQ and a AT6 today via special delivery, so will see if that makes any difference, biggest problem now is he doesn't want to reply to me.

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