Deposit and Section 8 / Section 21

benjus

tbs624 wrote: »

OP - have you already sent a formal Rent Statement to Alison, requesting that she brings her rent payments up to date?

Not yet - would you recommend doing that before serving S8 notice?

tbs624 wrote: »

Is she aware that you know she has not made a claim for HB/LHA?

Yes - after speaking to the council I texted her to ask what was going on. She claimed to have documentation from the council about the claim, so I asked her to send me a scan or photo, but of course she hasn't sent anything yet.

G_M

Stop texting.

Communicate formally by letter on everything and keep copies.

Send a rent statement as tbs suggests - this gives the tenant a clear understanding of what is owed and what has been paid. It provides motivation to the tenant to take action. It gives warning of the next (S8) step they can expect. And it shows the court, in due course, that you have been acting professionally and communicating fully.

tbs624

benjus wrote: »

Not yet - would you recommend doing that before serving S8 notice?

Yes, for the reasons given by G_M above.

Use snail mail when dealing with these issues and keep copies. Ditto for any repairs/maint issues because you still have to meet your obligations even if she is not paying the rent.

benjus

How long do you recommend waiting between sending the rent statement and serving the S8 notice?

thesaint

Instead of printing off and sending things that are not necessary, and returning non relevant deposits:

thesaint wrote: »

Does your tenancy agreement state that it can be brought to and end by using Sec 8 of the 1988 Housing Act(or words to that effect)?

benjus

thesaint wrote: »

Instead of printing off and sending things that are not necessary, and returning non relevant deposits:

It contains the following text:

5. The Landlord must obtain a court order for possession of the Property before re-entering the dwelling, if the Tenant does not:
i. pay the rent (or any part of it) within 14 days of the date on which it is due or
ii. comply with the obligations set out in this Agreement.

If any of the circumstances mentioned in Grounds 2, 8 or 10 to 15 or 17 of Part II of Schedule 2 and in Schedule 2A to the Housing Act 1988 arise then the Landlord may recover possession of the Property through the courts. This clause does not affect the Tenant's rights under the Protection from Eviction Act 1977.

thesaint

I am not sure if it has been amended, but Ground 8 is in Part I of schedule 2.

http://www.legislation.gov.uk/ukpga/1988/50/schedule/2

molly22

My tenant moved in 11 weeks ago, DSS, promising me the rent would be paid directly to me, so there was nothing to worry about. I had many texts in the first few weeks from her telling me how the DSS hadnt sorted her claim yet and then she needed to fill in more forms, then her bank account had been frozen.

Eventually i rang DSS to check, and discovered she had been paid her housing benefit every week from the day she moved in!

She paid me £50 3 weeks ago and ive received £160 from the DSS as ive since requested them to pay me directly as they should have done originally. I have now been told she is no longer eligible for HB so i wont receive any further payments.
I will be serving a section 8 tomorrow, as communications have broken down.
any advice?

thanks
molly

G_M

molly22 wrote: »

My tenant moved in 11 weeks ago, DSS, promising me .....
I will be serving a section 8 tomorrow, as communications have broken down.
any advice?

thanks
molly

Yes.

Since this thread is already complex enough, my advice is to start your own thread so that this one does not get confused between advice to the OP and advice to yourself.

However, before doing so, read this thread for tips.

Also include start date, end date/Term of tenancy;
deposit details;
level of current arrears in comparison to monthly rent;
action taken to date (please - not another "I've sent them texts" amateur I hope!);
your desired outcome;
whether you got a guarantor in place (and how);

molly22

thanks G_M for your reply
i have taken your advice and posted my reply as a new thread, with the added information as you suggested
molly