Problem tenants not paying rent !!!!

bikingbarney

BitterAndTwisted wrote: »

They probably will ignore telephone calls hence my suggestion to write to the tenant and copy in the guarantor to clarify exactly what they chose to sign up to. This might prove to be a prompt for the tenant to get the hell out of your property at the end of the fixed-term rather than messing you about.

I dont suppose you have a template of a letter like this at all that I could use as I am useless at putting words down on paper

thanks

Steve

bikingbarney

jamie11 wrote: »

If I may, let me explain something.

If you intend to serve a S8 grounds 8,10 & 11 there needs to be 2 months unpaid, that is not the same as arrears.

If the rent has not been paid on the due day and nothing is received during that month and then the rent is again not paid on the next due day, then that is two months unpaid and you are able to serve a S8 on the following day. (That's because the rent is due in advance) It only becomes arrears when the month is past.

The rent needs to be two months owing at the time of service and on the day of the court hearing for ground 8 to succeed, that is a mandatory ground for possession, what happens between is immaterial. This holds true if the rent is reserved monthly, there are slightly different rules if the rent is weekly or quarterly etc.

OK thanks for that let me get this straight...

if the rent was due on the 6th of the month for instance and it wasn't paid, and then the 6th of the next month came and went and that wasn't paid as well I can issue a section 8 for unpaid rent to take the property back straight away ??

will a section 8 superseed a section 21 in this case??
my letting agent have told me that they cannot issue a section 8 and it has to come from a solicitor ?? is this correct

thanks

BitterAndTwisted

Read my previous post and fill in the blanks. You don't need any legalese or anything like that. Just plain English stating the facts. I might do a draft for you later if I can remember and be @rsed: I'm eating my dinner at the mo

bikingbarney

the letting agent also told me that if the tenants know the law inside out then they could make sure they only stayed one month in unpaid rent so i couldnt issue a section 8 anyway!

BitterAndTwisted

bikingbarney wrote: »

if the rent was due on the 6th of the month for instance and it wasn't paid, and then the 6th of the next month came and went and that wasn't paid as well I can issue a section 8 for unpaid rent to take the property back straight away ??

No, not straight way: apply to the court for possession.

will a section 8 supercede a section 21 in this case??
my letting agent have told me that they cannot issue a section 8 and it has to come from a solicitor ?? is this correct

thanks

It doesn't surprise me on iota that a letting-agent would suggest this. Some of them really are numpties who will wash their hands at the very moment that you need them to really start earning their fees.

No, you don't need a solicitor, especially when you're a member of a landlords association as Clutton advised you (I think) a few posts ago. Clutton is an experienced landlord with over a decade of experience. Please pay attention to everything they suggest. Advice like that is worth money in the bank.

BitterAndTwisted

bikingbarney wrote: »

the letting agent also told me that if the tenants know the law inside out then they could make sure they only stayed one month in unpaid rent so i couldnt issue a section 8 anyway!

Oh, you can issue it all right. You just won't be able to enforce it in court. At least they got that bit right.

Wasn't this explained to you a few posts back somewhere or am I confusing this arrears thread with another?

bikingbarney

BitterAndTwisted wrote: »

Oh, you can issue it all right. You just won't be able to enforce it in court. At least they got that bit right.

Wasn't this explained to you a few posts back somewhere or am I confusing this arrears thread with another?

nope first time Ive come on here asking !!:T

Hump

You could look at http://www.anuk.org.uk/Information/LandlordHandbook/default.asp and download the handbook - it runs through things relatively simply

jamie11

my letting agent have told me that they cannot issue a section 8 and it has to come from a solicitor ?? is this correct

Numptie is the polite phrase for idiot. A s8 can be issued by you as soon as it becomes possible. No solicitor is required. I dunno if this site has a proforma but there is one over at LLZ in the documents section. You can issue a s21 as well as a fallback in case the S8 fails for any reason.

will a section 8 superseed a section 21 in this case??

No it doesn't, but there is nothing to stop you issuing both notices and then using whichever is most convenient for you, the main difference is that with S8 you can get a money order for what is owing, with S21 you cannot, but you can still sue for any money owing,

G_M

G_M wrote: »

* Assuming you're in Eng/Wales and took a deposit, it MUST be registered in a scheme or you're stuffed
* How long is the tenancy Fixed Term? 6 months? Or 12 in which case you've got problems
* If the tenants are, and remain, 2 months in arrears you could issue a S8 Notice, but given the timescales you might as well wait for the S21 (assuming 6 months
* S21 MUST be properly served. Check
* Once the fixed term is up and the S21 expires, the tenants don't have to leave and probobly won't
* So you'll need to go to court. Any errors (deposit not registered; S21 not right etc) and you're back to square one
* Anything owing after they go (rent, damage ect) can either come from the deposit, or if more than the deposit, you can sue both the tenants AND guarantors jointly, assuming the guarantor agreement is valid - is it?
* to be valid, guarantor agreement MUST have been executed as a Deed, and witnessed, and the tenancy agreement must have been given to the guarantors too. Many agents get this wrong.

ok here goes...........
how about the points in bold?
6 month contract from 14th august to 13 feb

section 21 issued on the 11 dec to coincide with the end of contract. date issued? date of expiry 13th Feb 2012?

so far they are a week and half late with rent this month

last month was 3 weeks
so total unpiad is ... 1.5 weeks?
guarantor was contacted last month after no reply from tenants and his wife paid the rent by debit card

guarantor and tenant both ignoring the letting agents communication this month.

with regards to credit checks we were kept informed at the start as the lad had a ccj and was trying to pay it off, in the end the tenancy agreement went in the girls name even though she doesnt work and he was paying the rent with his father as the guarantor
so he was never on the tenancy agreement?

apparently they have split up and he has moved out of the house .just as well!

As said before - given the fixed term expires in Feb, and the arrears are insignificant, stick to S21. S8 will not help.

And as suggested by B&T, write to both the tenant(s) and the guarantor(s) with a detailed rent statement, requesting payment, and r-inforcing the guarantor obligations.

Just hope the Guarantor Agreement will stand up....