landlady advice again?

Rubyspearl

i posted last month about the situation with my tennant and received some great advice which i am now in the process of actioning . i would be equally appreciative for a bit more advice

the tenant is now in arrears of £815, having not paid any rent for march and i have sent a rent statement to him detailing the payments made and not. i sent it recorded delivery but it appears he was not in and has now not collected it from the depot. i was hoping to pay him a visit with a copy of the rent statement to ensure he has received it and at this time have a chat about his situation and his plans to repay the arrears. i have tried calling him numerous times but he doesnt answer his phone. am i legally allowed to phone him and visit him or is this a big no no?

as the arrears are not 2 consecutive months but part of month arrears plus 1 full month, would this have any bearing on the notices i serve, if i do serve these?

how far back can rent arrears be considered from a legal perspective?

can arrears be taken from the bond if the tenant vacates?

what would other landlords do in our situation if a tenant said they would pay 200 in 2 weeks and settle the remaining at the end of the month, as if we dont act now and there continues to be problems then we are in the same situation next month?

do we have any right to know why there is a problem at the moment?

How and can we find out if the tenant is on hb? if so how do we go about asking for this to be paid directly?

thanks for reading

FATBALLZ

I'd assume you can phone and visit, in the same way a cold caller can phone and visit. You must remember you are a visitor though, you cannot just use your key to open the door if they choose not to answer it. You cannot harass them.

Assuming this tenant is on an AST you can serve them notice anytime after the fixed period (usually 6 months). To be honest I don't think you're going to get your money back so I'd be looking to kick them out.

DVardysShadow

The other thread: https://forums.moneysavingexpert.com/discussion/3062884

It is so much easier if you stick to the one thread for the same developing issue

Rubyspearl

sorry - did ask on the other thread about the consecutive month arrears but as far as i can see i didnt get a reply

Rubyspearl

i wouldnt dream of letting myself in! i wondered if visiting or phoning constituted harrassment?

Wee_Willy_Harris

It DOESN'T need to be consecutive months, or even whole months. The day that 2 months rent in total is DUE, you can serve the appropriate notice.

bristol_pilot

Phone or call round asking for money on more than one occasion and you risk being reported to the police for harassment, which is a criminal offence. Do everything in writing through a solicitor. I think you have little hope of recovering any money, as in the UK repayment of one's debts is essentially optional - take one look over on the DFW board. You may eventually get a CCJ registered against this person but enforcing payment is another matter. Evict the tenant through a solicitor and write off the debt.

evoke

You could wait outside and happen to bump into the scumbag tenant in a public place and ask him to pay.

BitterAndTwisted

Rubyspearl wrote: »

Am i legally allowed to phone him and visit him or is this a big no no?

I'd phone once and thereafter keep any communication with the tenant in writing only. You might need copies of your letter for later.

As the arrears are not 2 consecutive months but part of month arrears plus 1 full month, would this have any bearing on the notices i serve, if i do serve these?

The equivalent of two month's rent owed and then you can issue a Section 8


how far back can rent arrears be considered from a legal perspective?

From the first day of the tenancy, of course!

can arrears be taken from the bond if the tenant vacates?

Yes, they can.

what would other landlords do in our situation if a tenant said they would pay 200 in 2 weeks and settle the remaining at the end of the month, as if we dont act now and there continues to be problems then we are in the same situation next month?

Very probably. This is why you should write to your tenant and warn then of what the likely consequence will be if they continue to be in arrears.

do we have any right to know why there is a problem at the moment?

No, no rights whatsoever. Your tenants private business is their private business. However you will hardly be in a position to be fair if they won't discuss it with you.

How and can we find out if the tenant is on hb? if so how do we go about asking for this to be paid directly?

thanks for reading

You can't apply to have the tenant's LHA paid direct to you until they are 8 weeks in arrears. However, I believe that you need the tenant's consent. Do you know whether the tenant is claiming LHA?

You should re-send the rent-statement by first-class mail asking the tenant to contact you about the arrears without delay.

tbs624

OP - have you scheme registered your T's deposit yet, as suggested to you in the original thread? You cannot serve a valid S21, as a belt and braces job alongside a S8, if the deposit has not been registered. As previously explained your T can defeat a S8 by paying down some /all of the rent owing prior to any court hearing.

Get another copy of the rent statement posted out to the T, obtaining a certificate of posting.

Be aware that if the LHA gets paid direct to the LL and the T commits any form of benefit fraud it is the LL who gets to return the benefit payments via a clawback.

Rubyspearl

just to update and thank all for advice. Have done the following as adviced
1. Protected bond
2. Joined landlord association
3. Regrettably served notice 21. Feel sooo guilty

what is likely to happen next?
thankyou
RP