Tenants didn't pay the rent

clearmydebts

Hi all,

The agency say they are following a procedure that they use all the time so I will let them get on with it and keep in contact with them.

The tenants moved in the end of May so have just paid 2 months rent. It is horrible to think that they might be in financial difficulty & can't pay but at the same time they are messing up our finances as well. I am hoping it is just holiday time. I am fairly easy going and if it was a genuine mistake I wouldn't go in all guns blazing anyway.

Fingers crossed anyway but thanks everyone for the advice and thoughts!

clearmydebts

Microstar,

I would love to go around and will be there next week so would love to do that but I don't think you are allowed to.I think we are best to go down the proper route. It is tempting though!

Microstar_2

clearmydebts wrote: »

Microstar,

I would love to go around and will be there next week so would love to do that but I don't think you are allowed to.I think we are best to go down the proper route. It is tempting though!

I don't me go around to the house in threatening or aggressive way, I mean just go along and see what it physically there (i.e. are there signs of activity and habitation) - or if the house has been stripped :eek: Nothing to stop you doing that.

clearmydebts

I must ask the agency if they can do that or if we can. It is a second floor flat so it would be extremely hard to see if they were still there unless we physically used a ket to get in (which I wouldn't). I suppose we could ring the buzzer and see if someone answered and then we would know if they were there at least.

50plusabit

clutton wrote: »

""if they aren't answering the phone"" - it always means they are in financial difficulties - trust me.

instruct YOUR agent to issued a Section 8 notice immediately the law allows them to - take control of Your agent and don't let the tenant start to take the Mick

the section 8 notice simply tells the tenant if they are not up to date in 2 weeks, you will issue court proceedings to have them evicted - in all probability they will talk to you then

Hi If your agents are following a procedure, ask then exactly what it is, preferably in writing. Because, if the rent is due on 1st and nothing has been done till now 8th, then their "procedure" is a bit suspect.

If your tenancy started in May, the threat of a Section 8 notice is useless, nothing can be done until the end of the Th month, when a section 21 can be served, most good agents serve that when the agreement is initially signed. It is 2 months notice to vacate. You do not have to give a reason, and a section 21 is mandatory, as long as it is served correctly. Where as a section 8 is discretionary.
Get your contract and TBS and go through them to see exactly what your agent is supposed to be doing, also ask for a copy of the rent guarantee package.
Don't forget the agent is working for YOU, you are paying him, therefore you are entitled to a full explanation.:j

neverdespairgirl

clutton wrote: »

""if they aren't answering the phone"" - it always means they are in financial difficulties - trust me.

I'm sure you are normally right, but the one time our rent payment disappeared into nowhere, we were on holiday, with no mobile reception. Fortunately, we'd already lived here for 7 years, and our LL knew we weren't trouble.

clearmydebts

50plusabit wrote: »

Hi If your agents are following a procedure, ask then exactly what it is, preferably in writing. Because, if the rent is due on 1st and nothing has been done till now 8th, then their "procedure" is a bit suspect.

If your tenancy started in May, the threat of a Section 8 notice is useless, nothing can be done until the end of the Th month, when a section 21 can be served, most good agents serve that when the agreement is initially signed. It is 2 months notice to vacate. You do not have to give a reason, and a section 21 is mandatory, as long as it is served correctly. Where as a section 8 is discretionary.
Get your contract and TBS and go through them to see exactly what your agent is supposed to be doing, also ask for a copy of the rent guarantee package.
Don't forget the agent is working for YOU, you are paying him, therefore you are entitled to a full explanation.:j

Thanks. Will contact them on Monday. I thought we shold get something in writing as well. At least we would know the timeframe. Oh said when he asked them they were a bit offhand. I don't think we should be chasing the agency. I thought they should be keeping us updated. I don't think that is unreasonable.

franklee

50plusabit wrote: »

If your tenancy started in May, the threat of a Section 8 notice is useless, nothing can be done until the end of the Th month, when a section 21 can be served, most good agents serve that when the agreement is initially signed.

I doubt good agents would serve the S21 when the agreement is initially signed.

Serving a S21 notice at the start is fine if the landlord intends the tenant to leave when the notice period expires.

The issue is the service of the S21 notice as a precaution when in fact the landlord has, at the time of service, no intention of wanting the tenant to leave when the notice period expires. In that case I'm intrigued what the agent/landlord tells the tenant to on the one hand prevent the tenant from planning to move out at the end of the notice period and on the other hand keep the S21 valid.

Frankly I think with this routine serving of the S21 at the start the S21 is played down such that the tenant doesn't realise the notice period may be expiring or even all gone by the time the landlord gives then the news that they are required to leave.

Serving notice when the agreement is signed is probably too soon anyway so the S21 is likely to be invalid. The landlord needs to serve after the deposit regulations are complied with and after the tenancy has started.

50plusabit wrote: »

It is 2 months notice to vacate. You do not have to give a reason, and a section 21 is mandatory, as long as it is served correctly. Where as a section 8 is discretionary. Get your contract and TBS and go through them to see exactly what your agent is supposed to be doing, also ask for a copy of the rent guarantee package. Don't forget the agent is working for YOU, you are paying him, therefore you are entitled to a full explanation.

In the OPs case a S8 is better as it's still early on in the fixed term (the tenants moved in end of May, just under 2.5 months ago). An S8 can get rid of the tenant during the fixed term, an S21 can't.

tbs624

Franklee - good to see the S21 clarification back on the board after that other thread silently disappeared.......................please bring it up at every available opportunity

clutton_2

""If your tenancy started in May, the threat of a Section 8 notice is useless, nothing can be done until the end of the Th month"

this is incorrect - a Section 8 notice can be served to a tenant at ANY time in the tenancy provided they are a minimum of 8 weeks in arrears.

A section 8 notice is an A4 form to the tenant only, and basically says "pay up or i will take you to court to get you out " if they are still 8 weeks in arrears when you get to court, unless they can plead very mitigating circumstances a judge will award possesion.

Squatnows views on Section 21 notices are his opinion only, and not legally factual. The landlords associations, and solicitors, are still saying that a Section 21 notice can be served at any time after the start of a tenancy - except if a deposit has not been lodged with a Scheme.

Re the new Deposit protection scheme - there is still no clear cut legal judgement on the legal timing of issue of Section 21s.