Tenants have rent arrears-one month notice does not stand

birduk

Actually, just read the update on the other thread since yesterday. OP PLEASE get yourself some professional advice and you will feel a lot of weight off your shoulders.

mynameisdave

How long is the fixed term on this property? Obviously not 6 months - is it 12 months?

If it is 12 months OP has my sympathies.

Tenants still owe £200 of £1100 from first months rent, obviously cannot afford the property. They say their housing benefit was cut? When was it cut? If HB was being paid August 2010 then they should be able to pay all that rent.

Difficult to judge from the limited info we have but it sounds to me like the coucil have just palmed these tenants off on you (of course a proper referencin check could have determined salary and whatnot but thats anotehr argument entirely)

G_M

confusedlittlebunny wrote: »

2.is it in my best interest to refuse jan rent if i feel they will fail on feb rent?? i feel that would be unfair to them and ......?

What a novel way for a landlord to evict a model tenant if he wants possession of the property during the Fixed Term of a contract.

Just refuse to accept rent. Bingo! Rent arrerars!

Sorry OP, this won't work.

confusedlittlebunny

how long does a section 8 take to get heard by the judge and what if the T pays say £100 off the £2200 (that means the s6 will not be valid and i would have wasted my money right?)

confusedlittlebunny

G_M wrote: »

What a novel way for a landlord to evict a model tenant if he wants possession of the property during the Fixed Term of a contract.

Just refuse to accept rent. Bingo! Rent arrerars!

Sorry OP, this won't work.

I didnt mean that malicious and i wouldnt do that but just clarifying what the legal rangles are......

mlz1413

Confused when did your AST start and how long is it for?
Have you taken and protected a Deposit?
Do you have a Inventory that is signed by you & T's?

From you questions you have still not joined a LL association and taken legal advise from that body - is there a reason for this?

confusedlittlebunny

the AST IS for 12 months, started last august 2010, yes deposit protected and professional inventory and signed,....yes i will join them tomorrow.

theartfullodger

confusedlittlebunny wrote: »

, yes deposit protected .

and has the "prescribed info" re deposit been served on the tenant?? (If not any S21 served before the prescribed info is served is & remains invalid..)

As initial fixed term does not end until July/Aug 2011 the S21 cannot expire before the end of the fixed term... only after which can legal action be started under S21 (You have Mrs Thatcher to thank .).

Re S8 route: This may only result in a successful possession order if and only if
a) All paperwork is correct (a common error for untrained LLs: also an common error of trained LLs, can be seen quite often from agents: I've seen a case where a solicitor took 4 goes to get it right, each one charged to LL)
b) There is 2-months rent outstanding when S8 paperwork drawn up.. &
c) Also 2-months outstanding when it gets to court...
So, yes, as long as T pays 1p more that required to get the owing amount below 2-months before court case heard the S8 route will fail

Glad to hear you are joining a LL assoc tomorrow: Anything wrong with joining today ??

Cheers!

Artful

PS Welcome to the fun world of property letting: Artful, LL since 2000