Tenant owing rent.

Chucksmum

I have a tenant who has been renting a house from me for nine months, he owes 4 months rent. I have given him 2 months notice to quit. Can I apply now to the small claims court for recovery of the outstanding rent or do I have to wait until he moves out?

dimbo61

Has he moved out yet?
will he pay the outstanding rent or disappear ?
Did you get a guarantor ?

jamie11

Chucksmum wrote: »

I have a tenant who has been renting a house from me for nine months, he owes 4 months rent. I have given him 2 months notice to quit. Can I apply now to the small claims court for recovery of the outstanding rent or do I have to wait until he moves out?

Do you mean you have sent him a S21?

That is not a notice to quit, it merely allows you to apply to the court for possession after it runs out, and only then if it has been validly served.

Please tell us the exact date the tenancy started, how long is the fixed term?

Have you placed the deposit into a deposit protection scheme and given the tenant the prescribed information?

There is another route to gain possession through a S8 grounds 8/10/11 which you could use after a 14 day notice period, that does run the risk of being defended and maybe defeated by a disrepair claim by your tenant.

Don't be hasty, answer the questions first and we can tell you how to proceed.

Chucksmum

dimbo61 wrote: »

Has he moved out yet?
will he pay the outstanding rent or disappear ?
Did you get a guarantor ?

No he hasn't moved out.
Not sure if he will pay the outstanding rent, he says he has wages outstanding and he will pay the rent when he gets his wages, but he has told me all sorts of stories. No guarantor.

jamie11

If you don't answer the questions in #3 then we are not going to be able to give you proper advice.

G_M

As Jamie says:

* exactly what 'Notice' have you served him?
* S21 Notice? If so,
- served what date?
- expiry date?
- is tenancy fixed term? Expiry date?
- is tenancy Periodic? Tenancy Period dates?
* S8 gound 8? If so
- served on what date and what were the arrears?

Chucksmum

jamie11 wrote: »

Do you mean you have sent him a S21?

That is not a notice to quit, it merely allows you to apply to the court for possession after it runs out, and only then if it has been validly served.

Please tell us the exact date the tenancy started, how long is the fixed term?

Have you placed the deposit into a deposit protection scheme and given the tenant the prescribed information?

There is another route to gain possession through a S8 grounds 8/10/11 which you could use after a 14 day notice period, that does run the risk of being defended and maybe defeated by a disrepair claim by your tenant.


Don't be hasty, answer the questions first and we can tell you how to proceed.

Yes I gave him a S21. Tenancy started 26th August 2012 for 6 months.
No the deposit didn't go into a deposit protection scheme just it's own saving account.

G_M

No the deposit didn't go into a deposit protection scheme just it's own saving account.

Then you need to
a) return the deposit in full immediately
b) then serve a new S21
c) then wait another 2 months
d Only then can you go to court

Alternatively, serve a S8 for arrears.

jamie11

Chucksmum wrote: »

Yes I gave him a S21. Tenancy started 26th August 2012 for 6 months.
No the deposit didn't go into a deposit protection scheme just it's own saving account.

Oh dear! It's my bedtime here, I'll leave it to you G-M.

tbs624

OP - the questions posted up by Jamie11 really need to be answered: you could be granting additional time to the T if your paperwork is not correct. Edited to add - cross posting, thread only up to post 4 when I started response! No deposit reg/no provision of scheme's prescribed info = invalidated s21 notice.

Are you aware of any "top up" benefit claim?

Have you written to the T, enclosing a formal Rent Statement?

G_M

jamie11 wrote: »

Oh dear! It's my bedtime here, I'll leave it to you G-M.

What? No patience for a LL who hasn't a clue....?