Tenant in Areers Help

lornakin

Hi can anyone give me any advice, my partner rented out his property in oct 2010 on a 6 month SH tenancy. He was given a deposit and 1 months rent in advance. The tenant then missed a payment in dec to jan and again in jan to feb, he then caught up with the jan to feb payment but still owed the dec to jan payment, he has again missed his rental payment for march to april. His 6 month tenancy agreement ends april 23rd. What should my partner do? ( this is the second time he has given the tenant A written notice about his missed payments asking him to catch up) and how much notice does he need to give if he wants the tenant to vacate?

Wee_Willy_Harris

Assuming tenancy is in England/Wales.......

Most importantly, is the deposit protected in accordance with the legislation?

If so, a S21 should be served without delay. If served within the initial 6 month fixed term to expire after the end of the fixed term, the expiry date isn't critical as long as a minimum of 2 calender months notice is given.

Regardless of deposit protection, a S8 can also be served giving 2 weeks notice of intended action.

At this stage, it may be worth your friend joining a reputable landlords association who will offer further advice and support as well as the required documentation.

lornakin

Yes deposit is protected

Wee_Willy_Harris

lornakin wrote: »

Yes deposit is protected

Then get the S8 and S21 served ASAP. The secret of a tenant/LL relationship is a very simple one, your tenant should behave like a tenant and your partner should simply behave like a landlord.

lornakin

So is it still 2 months? even though tenant has not paid his rent which is against the agreement? what does partner do about the tenants deposit? Is there any way he can recoup what hes lost?

Wee_Willy_Harris

lornakin wrote: »

So is it still 2 months? even though tenant has not paid his rent which is against the agreement? what does partner do about the tenants deposit? Is there any way he can recoup what hes lost?

S21 = 2 months
S8 = 2 weeks

Rent arrears can be taken from deposit following usual dispute process. Any further monies owed can be chased through the small claims court (if you wish).

The main thing at the moment is to mitigate your losses, so get the notices served ASAP and worry about any monies owed later.

N79

Wee_Willy_Harris wrote: »

S21 = 2 months
S8 = 2 weeks

Rent arrears can be taken from deposit following usual dispute process. Any further monies owed can be chased through the small claims court (if you wish).

The main thing at the moment is to mitigate your losses, so get the notices served ASAP and worry about any monies owed later.

I just want to echo this excellent advice.

Step 1: Get them out and the property re-let to protect the income stream

Step 2: Worry about getting any outstanding rent / money owed for damage (accepting that you may have to write it off if the T is not worth pursuing).

Step 3: Before re-letting take a good hard look at your vetting procedures to see if they need tightening.