unpaid rent

Skatheist

I am a private LL. My tenant has not paid rent for 2 months, he keeps saying it will be in the bank then does not pay. I have issued him with a section 21 so he leaves at the end of the tenancy 6 month agreement.

1) how do i reclaim the rent from him and do i need a solicitor for this?

2) I have not put his deposit in a one of the schemes yet, should I do that now?

3) What should I do if he does not leave at the end of his agreed tenancy?

Werdnal

Whoops!

Your S21 is invalid - no deposit protection means the S21 will need to be issued again!!!!

Your S21 also does not mean he will leave at the end of the 6 months - you will need to apply to court to end the tenancy. S21 just gives 2 months notice that you will apply for eviction, tenant does not need to go anywhere until you gain a court possession order to make him leave.

In order to issue a new valid S21 you will have to return the whole deposit value to the tenant NOW, with proof you have done this, then follow up the following day with a new S21.

Also, tenant can now still claim through the courts for compensation for your lack of deposit protection (even if you return the amount to him), and sue you for anything from 1 - 3 x the deposit value.

Sorry, but me thinks you need to read up on what being a LL is all about - you obviously do not even understand the basics. Read this:

http://forums.moneysavingexpert.com/showpost.php?p=41160642&postcount=12

and all the links it contains, to see what else you may be doing wrong.

Your tenant's lack of attention to his obligation to pay rent, could be far outweighed by the fines and legal punishments you could incurr if you have cut corners and failed to comply with your obligations as a LL.

Also, do you know how to issue an S21 correctly? Courts are funny about details, and once you have returned the deposit as above, you need to ensure the new S21 is spot on 100% correct, otherwise that will be invalid too. If you need any guidance on how to proceed with the new notice, ask again.

By the way, if 2 months rent is owing, have you considered a Section 8 notice instead or as well as the S21?

jamie11

This problem is so prevalent these days since the localism bill came into force. I think a good answer to it may be for all commercial (i.e. WH Smiths) tenancy agreements sold to amateur landlords to carry the instructions about deposit protection in big red letters on the first page of the agreement with the penalties spelled out.

Werdnal

jamie11 wrote: »

This problem is so prevalent these days since the localism bill came into force. I think a good answer to it may be for all commercial (i.e. WH Smiths) tenancy agreements sold to amateur landlords to carry the instructions about deposit protection in big red letters on the first page of the agreement with the penalties spelled out.

Thats assuming the LL's bother to actually buy a commercially available agreement. It is also common to have LLs here and on other site I use, asking for freebies, online downloads and back of fag-packet agreements.

LL'ing is not something to be done on the cheap as it can cost you dear in the end ... There endeth the lesson for today!

jamie11

Skatheist wrote: »

I am a private LL. My tenant has not paid rent for 2 months, he keeps saying it will be in the bank then does not pay. I have issued him with a section 21 so he leaves at the end of the tenancy 6 month agreement.

You don't tell us when the 6 month agreement is finished.

If it says in your agreement that you can use S8 of the housing act then you can issue him with a notice for unpaid rent and ask for possession based on that, S8 grounds 8/10/11. after 14 days you can apply to the court for possession.

There must be two months unpaid at the time of issue and at the day of the hearing for this to succeed.

You will have to repay the deposit if it has not been protected, try to get the tenant to accept it and then return it to you as part of his rent, make sure you really do return it and get a written acknowledgment of the fact. Once that has been done then you are free to issue another S21.

Even if you do that the tenant is still able to sue for non compliance and would be awarded from 1 to 3 times the deposit.
Since you would have returned it by then you would probably only have to pay the lower penalty.

(2 months unpaid is where your tenant misses 1 complete month and then does not pay on the due date for the next month, that is 2 months owing because it's due in advance) so really 1 month and 1 day and then issue the following day.

jamie11

Werdnal wrote: »

Thats assuming the LL's bother to actually buy a commercially available agreement. It is also common to have LLs here and on other site I use, asking for freebies, online downloads and back of fag-packet agreements.

LL'ing is not something to be done on the cheap as it can cost you dear in the end ... There endeth the lesson for today!

I know, I'm there too.

I must stop pontificating.

Skatheist

oh dear, i have realy mucked up here. I still have the deposit, can i not just put it in a deposit protetion now?

if not, do you think it best to give it him back then get him to give it back to me in rent? will i still incure a fine if this still goes to court?

G_M

Start reading.... and understanding!


Deposits (Rules on deposit protection)

Localism Act 2011 (section 184 - updates to deposit scheme rules) Plain English explanation!

Housing Act 2004

Werdnal

Skatheist wrote: »

oh dear, i have realy mucked up here. I still have the deposit, can i not just put it in a deposit protetion now?

if not, do you think it best to give it him back then get him to give it back to me in rent? will i still incure a fine if this still goes to court?

Read, learn and inwardly digest how to be a landlord! Read links above and understand how to do it properly. Sorry if I sound harsh but the rules and regs of letting property apply to everyone - EVEN YOU!