tenant wont pay and eviction questions

char18

Hi
Its been my first time of renting out my property and I have had loads of problems, we used company to sort everything out and manage it for us, it was a 6 month lease he never paid on time but has not paid for a 2 months so the company we use is taking it to court, its so much hassle for us as me and my wife both have jobs and have kids and im always phoning to chase everything up, the questions I have is
1)once it goes to court how long will it be until he is out?
2) I left things in for them to use eg microwave, bed etc do they have to leave them or what could happen if they take them? (they left a goodwill gesture as I thought most people were nice now I know different)
3) and the money he now owes me how do I get it back will I have to go to small claims? and will that cost me loads more money? as I really want to claim my money back from him as he has business himself more than 1 and he cant even pay his own bills
any help will be nice
many thanks

G_M

What is the agent doing? There are 2 ways to evict:

A) S21 Notice. This takes effect when the 6 months is up. You apply to court, you do not need a reason. You get a possession order. You go back to court to get bailiffs. 3 - 6 months from the end of the fixed term (if they fight all the way)

S8 Notice. Serve any time based on rent arrears. They must owe 2 months both when the S8 is served AND on the court date. Much quicker (2-4 weeks) but if they reduce the debt below 2 months rent just before the court date they can avoid the possession order (and then start building arrears again).

2) is everything you left listed on the inventory? Is it described properly (ie the condition)? Did the tenants sign the inventory?
If yes to all, and they break/remove things, then you can deduct from the deposit and/or sue via the courts (you did take a deposit, yes? AND register it in an approved scheme?)

3) money owed (I assume rent?) as 2 above. Deduct from deposit and/or sue through the courts.

If/when they leave, will you be able to trace them (ie through work, or family references) in order to sue? If they vanish,not much you can do....

char18

Hi
Thank you so much its a s8 notice im sure I did tell the agent that I didn't want to renew the tenant after the 6 months even if he does pay so it sounds like if he pays at the end it will all start again?
Im not sure about a inventory, i didn't see 1 or sign it, but got photos of everything that was left and the condition
thank you again

dancingfairy

Section 8 is discretionary whereas with a Section21 it is a no fault notice so there would be no chance the tenant would start paying the rent again and be allowed to stay. I think your agents should also be looking to serve a S21.
In terms of selecting future tenants what checks did the agency do on the tenant and were you happy with these? did you get a gurantor at all?
Hope you get this mess sorted.
df

G_M

char18 wrote: »

Hi
Thank you so much its a s8 notice im sure I did tell the agent that I didn't want to renew the tenant after the 6 months even if he does pay
Just to be certain, put this instruction in writing to your agent. Instruct the agent to issue a S21 Notice (if not already done). This must be done at least 2 calander months before the end of the Fixed Term in order to be affective at the end of the FT.

so it sounds like if he pays at the end it will all start again?
Yes, if he pays the rent owed, the court will throw out the S8 application. Hence also use the S21.

Im not sure about a inventory, i didn't see 1 or sign it,
1) Look at your contract/documentation with the agent (not the tenancy agreement with the tenant). It should state what you are paying the agent to do! The inventory should be one job you are paying them for - but you need to check!
2) to be honest I cannot believe the naivity of a LL who does not check a) that the inventory is accurate & complete or even b) that it exists at all!
but got photos of everything that was left and the condition
Dated? Counter-signed by tenant?

thank you again

What deposit doyou have?
Is it registered?
Which scheme?
When was it registered (date. Plus date tenant paid it)?

These questions are VERY relevant, esp if you use a S21 Notice.