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    • helpmeplease786
    • By helpmeplease786 11th Jan 18, 10:50 PM
    • 2Posts
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    helpmeplease786
    Help unpaid rent and how to give notice to quit???
    • #1
    • 11th Jan 18, 10:50 PM
    Help unpaid rent and how to give notice to quit??? 11th Jan 18 at 10:50 PM
    Hi here is my situation

    I have my house rented out on a six month AST. The tenancy is due to expire on the 1st Feb. I was in two minds about whether to continue or put the house on the market. I decided to let the tenancy roll over to a periodic tenancy and take it month by month. I am now in a situation where the tenant hasn't paid rent for this month (which was due on the 1st) and is not answering my calls or texts.

    What are my next steps to reclaiming the rent and giving notice for the tenant to quit the house. Do I need to wait till the end of the AST to issue a section 21? and then give two months notice? That worries me as that would then leave me potentially with three months of unpaid rent.

    Any help much appreciated. Thanks
Page 1
    • Slithery
    • By Slithery 11th Jan 18, 11:03 PM
    • 497 Posts
    • 767 Thanks
    Slithery
    • #2
    • 11th Jan 18, 11:03 PM
    • #2
    • 11th Jan 18, 11:03 PM
    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?
    • ThePants999
    • By ThePants999 11th Jan 18, 11:16 PM
    • 977 Posts
    • 1,136 Thanks
    ThePants999
    • #3
    • 11th Jan 18, 11:16 PM
    • #3
    • 11th Jan 18, 11:16 PM
    You can serve a section 21 now - it needs to expire after the AST ends, it doesn't have to be served after the AST ends. Make sure you've complied with all the requirements for an s21 to be valid (EPC provided, gas safety certificate provided, "how to rent" provided, deposit protected on time, prescribed information provided on time).

    You can also serve a section 8 once the tenant is 2 months behind. No harm in doing both - the s21 in case the tenant pays some of the arrears before the court hearing (rendering the s8 invalid), the s8 in case the tenant picks a hole in the s21.

    Sadly, however, you need to be prepared for a long period with no rent - that's one of the risks with being a landlord. Evicting this tenant could take months even after the s21 expires depending on the courts, and although the tenant will legally owe you rent the whole time they're there, if they have no assets then you'll be hard pushed to collect.
    • helpmeplease786
    • By helpmeplease786 11th Jan 18, 11:29 PM
    • 2 Posts
    • 0 Thanks
    helpmeplease786
    • #4
    • 11th Jan 18, 11:29 PM
    • #4
    • 11th Jan 18, 11:29 PM
    Thank you, that's the advice I was after. Would there be no way of me going after the tenant after eviction for any rent arrears?

    Thanks,
    • Slithery
    • By Slithery 11th Jan 18, 11:33 PM
    • 497 Posts
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    Slithery
    • #5
    • 11th Jan 18, 11:33 PM
    • #5
    • 11th Jan 18, 11:33 PM
    Yes, you can go to the courts and get awarded the outstanding cash, but this means nothing if they don't have the money to pay you. For example if they're on benefits you may only get a few quid each week.
    • 00ec25
    • By 00ec25 11th Jan 18, 11:39 PM
    • 5,781 Posts
    • 5,225 Thanks
    00ec25
    • #6
    • 11th Jan 18, 11:39 PM
    • #6
    • 11th Jan 18, 11:39 PM
    Thank you, that's the advice I was after. Would there be no way of me going after the tenant after eviction for any rent arrears?

    Thanks,
    Originally posted by helpmeplease786
    it would be better if you read GM's guides given in the link in post 2 above. The danger with abridged versions and short answers is they can contain unintentional mistakes such as talking about being unable to serve a s21 until the AST ends.

    and yes you can still take an ex tenant to court for os rent, but whether that is going to get you the actual cash in your hand is a different matter. You may win the case, leave the ex tenant with a CCJ, but still not get any money from them.

    GM's other guides are here:
    http://forums.moneysavingexpert.com/showthread.php?t=5180214
    Last edited by 00ec25; 11-01-2018 at 11:42 PM.
    • G_M
    • By G_M 12th Jan 18, 12:46 AM
    • 42,761 Posts
    • 49,984 Thanks
    G_M
    • #7
    • 12th Jan 18, 12:46 AM
    • #7
    • 12th Jan 18, 12:46 AM
    I too recommend you read the guides - in full (well I would, wouldn't I!).

    You really need to understand the law, what you can/can't do, and how.

    As for the S21, you must get it right. Getting one minor mistake will set you back at least 2 months and probably 3.

    This link is within the guide, but for the avoidance of doubt:

    S21 checklist (Is a S21 valid?)
    • FBaby
    • By FBaby 12th Jan 18, 7:29 AM
    • 16,294 Posts
    • 40,571 Thanks
    FBaby
    • #8
    • 12th Jan 18, 7:29 AM
    • #8
    • 12th Jan 18, 7:29 AM
    If you're lucky his intention is to leave on 1st Feb and he hasn't paid because he needed the money for a deposit elsewhere and he is counting on you just keeping the deposit to make it up for it.
    • agrinnall
    • By agrinnall 12th Jan 18, 9:35 AM
    • 19,156 Posts
    • 14,825 Thanks
    agrinnall
    • #9
    • 12th Jan 18, 9:35 AM
    • #9
    • 12th Jan 18, 9:35 AM
    Given that you appear to not understand some of the basics of your responsibilities as a LL I also strongly recommend that you read the links in this thread. I have to wonder what else you haven't done because you weren't aware of it, which might leave you open to counter claim by the tenant. You might be best to find a way to end this as quietly as possible or find yourself even more out of pocket.

    And if you intend to continue to let the property after this tenant has left, read up on what you have to do before signing another tenancy agreement.
    • Comms69
    • By Comms69 12th Jan 18, 9:39 AM
    • 1,797 Posts
    • 1,632 Thanks
    Comms69
    Hi here is my situation

    I have my house rented out on a six month AST. The tenancy is due to expire on the 1st Feb. I was in two minds about whether to continue or put the house on the market. I decided to let the tenancy roll over to a periodic tenancy and take it month by month. I am now in a situation where the tenant hasn't paid rent for this month (which was due on the 1st) and is not answering my calls or texts.

    What are my next steps to reclaiming the rent and giving notice for the tenant to quit the house. Do I need to wait till the end of the AST to issue a section 21? and then give two months notice? That worries me as that would then leave me potentially with three months of unpaid rent.

    Any help much appreciated. Thanks
    Originally posted by helpmeplease786

    Potentially you could be facing upto 10 months unpaid!


    You can issue s.21 now. But that doesn't end the tenancy. I'd suggest giving notice of inspection and seeing if you might find the tenant there to discuss the situation.
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