Tenant refusing to pay....

twe

Hi guys,

was wondering if someone else has been in this situation....

The tenant has stopped paying rent [they are a council tenant - council are paying but they are not paying the difference]....

I would like to get rid of them now as well from the property..... I heard that I can take them to court within 2 weeks notice? Can anyone tell me more about this please.... I have already asked for payment and they have stopped paying for 2-3 months now....

Thanks....

barnaby-bear

twe wrote: »

Hi guys,

was wondering if someone else has been in this situation....

The tenant has stopped paying rent [they are a council tenant - council are paying but they are not paying the difference]....

I would like to get rid of them now as well from the property..... I heard that I can take them to court within 2 weeks notice? Can anyone tell me more about this please.... I have already asked for payment and they have stopped paying for 2-3 months now....

Thanks....

You need to get your dates right to serve notice, clearly no you can't get shot in 2 weeks as a professional LL you know that....
If you serve notice via a section 8, they need to be 2 months in arrears on the total rent not just top up (and if they know what doing they can pay a little bit just before the court hearing to restart the process).... a section 21 maybe easier - they'll have advice from the council's private tenancy department who will not rehouse them if they leave so will know that they can ignore section 21/8 and have nothing to lose and can sit there for formal eviction which will improve their chances of rehousing... also once things get nasty you risk them "taking care" of your property.... what are you going to do sue someone with no money?

it happens a lot.... most mortgaged companies won't allow rental to those on HB/LHA so presumably you have no mortgage and it's only top-up so losses are fairly small at the moment - have you investigated if their HB/LHA can be reassessed this may be easier for all concerned.

N79

The "two weeks" you have heard of is merely the notice period for a S8. Actual eviction will take around 4-6 months provided that you make no mistakes and the tenant does not make token payments so that the S8 G8 proceedings fail. Remember G8 needs two months total rent unpaid on date of service and date of hearing.

If you serve an S8 include G10 and G11 as well as backup - you never know you may have a sympathetic judge. Serve S21 as well as final backup - but with 2 months notice and a further 4-6 months this will take longer - hence is the final backup.

If none of the above makes much sense then I suggest you join a LLs association and get advice.

twe

thanks for the info, am looking into things as the property was given over to a management company who obviously cannot seem to manage it.... They tried a section 21 but the dates were wrong and so it was thrown out of court....

Does anyone know a LLs association around that is any good?

thanks again....

tbs624

Trywww.landlords.org.uk https://www.rla.org.uk or https://www.landlordlaw.co.uk
Membership fees for any of these is tax deductible.
(The third one is not a LL association but is site run by a LL & T specialist solicitor Tessa Shepperson - have a look specifically at her online Kits 1 and 5).

SquatNow

barnaby-bear wrote: »

as a professional LL you know that...

:rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl:

twe

thanks for the links, will check them out for future reference... Have come to an agreement with the tenant and probably won't take any legal options as they will be paying the rent that is due....