Problem tenants not paying rent !!!!

bikingbarney

G_M wrote: »

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....

sorry my bad.

we are in england

deposit is registered with the tds

the lad is on the tenancy agreement (just re read it)

guarantor has also signed something to say he will cover any rent arrears

tenancy is 12th august to 11th feb

section 21 issued 29th november not as previously stated.

cheers

steve

Yorkie1

And what was the exact wording of the expiry date of the s.21 notice?

clutton_2

you have to issue a section 21 notice to the Precise Names on the tenancy agreement so do you have a copy ?

BitterAndTwisted

"Signed something"? What exactly has his alleged guarantor signed and do you have sight of it?

A LOT of letting-agents get this guarantor documentation business wrong.

bikingbarney

Yorkie1 wrote: »

And what was the exact wording of the expiry date of the s.21 notice?

s21 says that we give notice that we require possession of the dwellings known as .... and then the address

issued to the tenant as named on the agreement

expires the same day the tenancy expires on the 6 month contract AST

bikingbarney

BitterAndTwisted wrote: »

"Signed something"? What exactly has his alleged guarantor signed and do you have sight of it?

A LOT of letting-agents get this guarantor documentation business wrong.

sorry ive just read the tenancy agreement and he is named as guarantor and it says he has agreed to act as guarantor and be responsible to the landlord for any unpaid rent.

i also have the rent guarantee policy schedule on which he is named as guarantor for both of the tenants.

G_M

You're really not clarifying!

S21
Can I suggest you quote the exact wording? ALL of it (except the names) but clarify that the names on it are exactly the same as the tenancy.

Guarantee Agreement
I'm very dubious. Who has signed it? Was it witnessed and by who? Was it 'Executed as a Deed'? Or has he just signed a section of the tenancy agreement as 'Guarantor' which will ne not worth the paper it is written on!

What is the rent guarantee policy?

bikingbarney

just had a text off of her and she has said that her partner has led her to believe it has been paid ,seems it goes out of his bank and he is refusing to contact her to sort it out.

also said there are a few unpaid bills at the property too, will that black list the property or them??

bikingbarney

G_M wrote: »

You're really not clarifying!

S21
Can I suggest you quote the exact wording? ALL of it (except the names) but clarify that the names on it are exactly the same as the tenancy.

Guarantee Agreement
I'm very dubious. Who has signed it? Was it witnessed and by who? Was it 'Executed as a Deed'? Or has he just signed a section of the tenancy agreement as 'Guarantor' which will ne not worth the paper it is written on!

What is the rent guarantee policy?

sorry as i said above he hasnt signed anything but he is named in the signed tenancy agreement as the guarantor for the tenants.

with regards to the s21 it starts at the top saying ..... housing act 1988(as ammeded 1996) section 21(1) (b)

notice requiring possesion

fixed term - assured shorthold tenancy

it then goes on to list important information for landlords and tenants

then it has her name as the tenant

then it has our details as the landlord

then it says ......we give notice that we require possession of the dwellings known as .... and then the address

then the expiry date of 11/02/12 which is the same day the ast ends

then its dated the day it was sent 29/11/11



the rent guarantee policy was set up free of charge for the first 6 months as we used the letting agents top service of 10% + vat of the rent and it was linked to the tenant referencing , provided by letting agent solutions

G_M

bikingbarney wrote: »

sorry as i said above he hasnt signed anything but he is named in the signed tenancy agreement as the guarantor for the tenants.
In that case I'm afraid you can forget using the Guarantor via the courts. Meaningless. However if the guarantor does not know it is legally meaningless, you can always bluff.....
with regards to the s21 it starts at the top saying ..... housing act 1988(as ammeded 1996) section 21(1) (b)

notice requiring possesion

fixed term - assured shorthold tenancy

it then goes on to list important information for landlords and tenants

then it has her name as the tenant
so his name is missing?

the lad is on the tenancy agreement (just re read it)

then it has our details as the landlord

then it says ......we give notice that we require possession of the dwellings known as .... and then the address

then the expiry date of 11/02/12 which is the same day the ast ends

then its dated the day it was sent 29/11/11


the rent guarantee policy was set up free of charge for the first 6 months as we used the letting agents top service of 10% + vat of the rent and it was linked to the tenant referencing , provided by letting agent solutions

The policy might help you, but I'd get it out and see exactly what it provides and in what circumstances. And with what conditions.

Unpaid bills are not your problem assuming the bills are in the tenants' names not yours.

Ignore the text. If the money has not reached you, write as previously advised.