advice on serving a Section 8 pls

G_M

You don't 'serve' an Early Surrender.

the tenant requests it and you agree.

" Dear Ms Molly,

Although the fixed term of my tenancy has some time still to go, I would like to surrender my tenancy early, on xx/yy/zzzz.

I hope you will agree to this? If so, perhaps you could sign and return one copy of this letter?

Yours sincerely,

(signatures of all joint tenants)

A Tenant, B Tenant


Landlord Consent: I agree to the above Early Surrender as described above:

Molly22: ........................................ Dated: ...........

Note: This is just my 2.00 AM top-of-my-head draft so comments/improvements by other posters welcome!

Molly. Make sure there are 2 copies and you keep one!

AFK_Matrix

Just a quick question but isn't the section 8 pointless as as the OP has said:

She paid me £50 3 weeks ago and ive received £161 from the DSS as ive since requested them to pay me directly as they should have done originally

So surely as the tenant has paid something she can't use a Section 8? Looks like the tenant doesn't know this and you may have a way of getting them out but I was just curious?

G_M

AFK_Matrix wrote: »

Just a quick question but isn't the section 8 pointless as as the OP has said:



So surely as the tenant has paid something she can't use a Section 8? Looks like the tenant doesn't know this and you may have a way of getting them out but I was just curious?

I may have missed this inforation in the (two!) extended threads, but we do not know the amount of the tenants arrears.

For a mandatory S8 (ground 8) claim for rent arrears, the tenant must owe the equivelant of two months rent when the S8 is issued and when it comes to court.

We do not know
a) what the monthly rent is or
b) how much is currently owed
in total
so the S8 may or may not be valid.

Molly - artful is right. To be 100% sure, you need a 'Deed of Surrender' with a witness. However, Tessa Shepperson (tenancy solicitor) argues (see link below) that as a Deed is not needed to start a tenancy of less than 3 years, a Deed is not needed to end it either. It is a moot point.

http://www.landlordlawblog.co.uk/2011/07/05/the-basic-rules-of-tenancies-before-the-codes/


See sample Deed (but note clause 3.1):
http://www.studenthousing.lon.ac.uk/uploads/media/Surrender.pdf


See also:

http://www.landlordzone.co.uk/forums/archive/index.php/t-25541.html

Kynthia

G_M wrote: »

I may have missed this inforation in the (two!) extended threads, but we do not know the amount of the tenants arrears.

The first post above states that £905.92 is owed when the monthly rent £440. So I've based my posts on that information. However looking at the other thread I now see that the situation may be more complicated than that.

G_M

Pipunch wrote: »

Lesson one: Never ever rent to DSS, it's not worth it.
Lesson two: Always get guarantor, employment history and full references before letting anyone move in.

Lesson three: accept that you will have longer voids if you insist on guarantors for every tenant. Many cannot, or simply will not, provide them. And if they have immaculate references, why should they?

keyser666

Lesson Four: Ignore Lesson one, this is simply not the case and subjective

molly22

marliepanda wrote: »

Take their offer as you didn't protect their deposit so need to give them it back.

If they're willing to leave without eviction proceedings pray they do.

I'd probably write off the lost rent

having served the section 8 notice on my tenant and him suggesting paying the deposit back in 2 halves, so he can put a deposit on his next tenancy, we are now at stalemate.

he wanted cash and i wanted to pay by cheque so i can track it.
when i refused cash he eventually accepted a cheque by which time i had thought that if the first half of the deposit bought him some drugs (he wouldnt accept a cheque from me payable directly to his new LL, wont even tell me where he is going) he still wouldn't be in any state to move out of my property.
so i offered him the full £500 in cash as long as he had emptied my property of his stuff and was about to leave and hand over the keys.

he is now constantly texting me and ringing and about an hour ago even showed up at my house! (i wasnt in but my elderley sister was)

whats next?
:mad:

RAS

What on earth are you doing; this could be viewed as haressment or attempted eviction.

G_M

Nip down to the local nick.

Get an official record made so it is on file. Explain you are evicting a tenant who is now threatening you, has turned up at your door, and you fear a breach of the peace. You do not need to press any charges or claim a crime has yet taken place, but I do recommend you get someting offial recorded.

Show them, and keep, all text messages. Keep a log of all phone calls.

I would be very reluctant to give him anything until
a) the property is empty
b) you have the keys in your hand (but then change the lock anyway - he may have duplicates)
c) you have a signed letter/note from him surrendering the tenancy

Only then can you safely enter/secure the property, so only then should you pay anything.

Get a signed receipt.

If these conditions are not acceptable to him, be patient and sit out the S8 process.

molly22

oh dear, he returned but we couldnt resolve it, and he made threats about damaging my property.
he left and then returned with his dog, not a nice one,

so i called the police, they soon arrived, so at least the situation is logged.:mad: