Tenant Arrears

Fuzzythinking

RAS wrote: »

They remain legally liable for the cost of their rent upto the date when the fixed term ends. But you can only serve notice if you have their new address.

Is the deposit protected (assuming you are in England) and did you provide the required notification to them?

Any chance oof getting the neighbour to extract a forwarding address?

They have the contract from 11th August 2012 to 11th August 2012. They decided to leave the property without giving me a formal four weeks notice letter. My ex neighbour confirmed that they are packing n moving things.

I decided to give them S8 Notice form tomorrow on the ground 8,10,11 & 12 because they failed to pay rent on time and the rent is more than 3 months overdue and they failed to pay all of the arrear when we both agree with our repayment plan.

What do you suggest?

RAS

Is the deposit protected?????????????????

Fuzzythinking

RAS wrote: »

Is the deposit protected?????????????????

They gave me £200 for deposit. What do you mean by protected deposit?

They have gave me their new address yet.

I plan to give a letters with S8 notice form tomorrow morning.

Am i doing the right thing?

*Robin*

Fuzzythinking wrote: »

They gave me £200 for deposit. What do you mean by protected deposit?

They have gave me their new address yet.

I plan to give a letters with S8 notice form tomorrow morning.

Am i doing the right thing?

If you haven't protected the deposit correctly, then; no.

Suggest you google 'landlords association', choose one and join up immediately.

As a fellow 'accidental landlord' I must say that joining the NLA was the best thing I've done for my fledgeling lettings business. The cost of membership is less than it appears, as it is tax deductible.
Their advice & support in the form of template documents etc., is invaluable.

Kynthia

Fuzzythinking wrote: »

They gave me £200 for deposit. What do you mean by protected deposit?

Oh my. :eek: It's been law for years now that landlords must place their tenant's deposit into one of the three protection schemes. This definitely weakens your position. I hope you've been declaring the income to the HMRC and have a gas safety certficate done each year?

If they move out then there's little point in serving a section 8, although I'm prepared to be corrected. You'll need to take them to small claims court for any arrears including up to when correct notice would have expired, unless you accepted their defective notice.

Fuzzythinking

Are you referring to N119 court forms?

respiratory23

http://www.depositprotection.com/


All private landlords and letting agents taking deposits for assured shorthold tenancies (ASTs) in England and Wales are required to safeguard them with a government-authorised tenancy deposit protection scheme. Did this start in April 2007?


My landlord being a first time landlord, who just bought the property but didnt even come to look at it afterwards and had no idea of how anything worked and had assumed the flat was clean had no idea what protecting a tenants deposit was.

As the estate agent is quite good as far as estate agents go, they told him and said they would handle the work of protecting the deposit and not charge him extra for doing so, so he let them do it.

If they had not told him and he was renting out the property himself i do not think he would be aware.

*Robin*

Fuzzythinking wrote: »

Are you referring to N119 court forms?

Fuzzythinking if I was in your [shaky] position I'd do the following sums:

A. Deposit [£200] plus deposit x 3 [£600] = £800. (*OP, this is how much the judge could order you to repay your tenant because you didn't protect their deposit).

B. Assuming you charged a months' rent as the deposit, and you say the tenant is three months in rent arrears, the tenant now owes you £600.

C. Deduct the cost of filing papers with the Court <sorry I haven't looked that up - you can OP> from B.

If the result at C. is a smaller sum than A., it would seem politic to accept your tenant's email notice with good grace, being thankful you will be getting back your property with vacant possession, and that you will not have to explain your own failings to the judge.

OP, if you are still thinking of trying to claw back money from your tenant, please note: The tenant can claim against you for failing to protect their deposit at any time up to six years after the deposit was paid to you.

Then educate yourself before re-letting, taking particular note of the regulations regarding deposit protection. Joining a landlords association is the best way to do this.


..To the professional LLs here; does that sound about right?

Fuzzythinking

Hi

Last week I have issued Section 8 notice to my tenants in attempt to have my property back as well as recovering the rent arrears due to the fact that they have been inconsistent in paying rent on the time and failed to pay the correct amount of rent money hence the arrears built up over three times.So far, they are going to give my keys back tomorrow but they are willing to pay the rent arrears and I was not too sure to be honest.! As far as I know he is out of employment but his wife is on a low-paid.!

Therefore the judge will favour (I think) them and probably order them to pay me tenner which take years to get money back.

Hence I was thinking to have 'repayment agreement contract' so that they can sign the contract to agree that they pay £X every month providing that they transfer the wire (Standing Order) as well as I will have my witness to sign the repayment agreement contract.

Do you think it is a good idea or recommend me to go court and deal with them swiftly and effectively or draw rent arrears repayment contract?

Do you have any sample repayment agreement contract?

Out,_Vile_Jelly

Please join a Landlord Association where they will talk you through every available option. The fact that you had no idea that protecting a deposit is a legal requirement suggests you are totally out of your depth and need professional assistance.