Tenant Problem!! help please other landlords

neas

theartfullodger wrote: »

err... no, S21 simply allows the landlord to start court proceedings after expiry- there is no "I will" necessarily: He may well not - many landlords serve s21s early so,should they later wish to evict, they don't have the 2-month+ wait..

Errr... no. An S21 does not end a tenancy, does not oblige a tenant to leave. A landlord has an absolute legal right to use S21 or other legal routes to evict. A tenant also has an absolute legal right to stay until carried out by bailiffs executing a court order, usually some months after s21 expiry. Morality?? See Proudhon "Property is theft".

Cheers!

Notice how you used legal about 5 times? I tried to differentiate the legal side which as you point out is the absolute truth and what will occur in the majority of occasions. From my experience as a tenant and most of my friends as tenants unless it is in our favour tenants would not wait until a court hearing. If the tenant had money would he have to pay court costs? If there is any chance of that most tenants will leave within time.

MissMoneypenny

nanna1959 wrote: »

Great with a mortgage to pay!

Cashflow problems are one of the most common causes of business failure and this should always be reflected in a business plan.

I wouldn't write off the bribery idea; it happens in business all the time. Depending on the OPs circumstances, it may work out cheaper.

It sounds like the tenant is either hanging on to get housed by the council or is saving up for a deposit and first months rent for the new place; on top of paying for Christmas. Plus if she has teenagers, some of her benefits might just have been reduced in Septemeber if one has just left school? There are always posts on the benefits boards from parents' wondering how they will survive now that their benefits (usually Tax Credits) have been reduced. Not that that helps you. Those cars you spoke of, are probably on finance.

MissMoneypenny

patman99 wrote: »

If you do go down the rote of Court action to get her out and recover unpaid rent, then as she is working, you can go for an attachment of earnings order if she fails to pay.

The problem with that is that if she changes jobs, then you have to start the court process again - at least, that's how it use to work and I'm not sure if it has changed.

It could end up costing the OP more than the money they are owed. Never throw good money after bad.

Halle71

Guest101 wrote: »

Let's try this again.

1: the tenant does not legally have to leave when notice is served. My point about dates was on a practical level, rather than a legal. But the relevant legal position is that the notice could expire 25th December. The tenant does not have to leave. - no matter what the contract says.

2: the fact the LL has a mortgage to pay is irrelevant as far as the tenant and LL contract is concerned. Ofcourse the T not paying rent is a breach and the LL has the option of going to court to recover these monies.

3: yes it is a business and the ll should plan better, for this very reason!

'Legally' doesn't the tenant have to pay rent?
I fail to see how the OP is becoming the scapegoat in this situation.
As mentioned there are personal reasons why they need the property back. Maybe bereavement or illness, redundancy or a relationship break up.... These are pure speculation but there are many justifiable reasons why the timing is as it is.

Ah, the business argument. Even with my rusty A level economics I know that the purpose of a business is to maximise profit. Therefore, even though I may have the funds to cover the mortgage in a situation like this, of course I don't want to. Between us we have enough savings to pay both our mortgages for two years but that doesn't mean I should be happy subsiding someone else's lifestyle.
I like to think that we are good, fair landlords who provide a lovely home for a family. In return I expect to be paid for that service.

thesaint

So posters in this thread suggest giving a non paying tenat an extra month in a property because it's christmas.

What a load of nonsense this forum is at times.

Guest101

Halle71 wrote: »

'Legally' doesn't the tenant have to pay rent?
I fail to see how the OP is becoming the scapegoat in this situation.
As mentioned there are personal reasons why they need the property back. Maybe bereavement or illness, redundancy or a relationship break up.... These are pure speculation but there are many justifiable reasons why the timing is as it is.

Ah, the business argument. Even with my rusty A level economics I know that the purpose of a business is to maximise profit. Therefore, even though I may have the funds to cover the mortgage in a situation like this, of course I don't want to. Between us we have enough savings to pay both our mortgages for two years but that doesn't mean I should be happy subsiding someone else's lifestyle.
I like to think that we are good, fair landlords who provide a lovely home for a family. In return I expect to be paid for that service.

Ofcourse they do and the op should issue a s8 notice. This is legal advice, the ll is running a business. If they can't afford this kind if situation, they're in the wrong business

U can peruse non payment through court. If the tenant can't pay, then you should do better checks.

And no I'm not anti landlord, just pragmatic

Guest101

thesaint wrote: »

So posters in this thread suggest giving a non paying tenat an extra month in a property because it's christmas.

What a load of nonsense this forum is at times.

That's not what was said.

thesaint

thesaint wrote: »

So posters in this thread suggest giving a non paying tenat an extra month in a property because it's christmas.

What a load of nonsense this forum is at times.

Guest101 wrote: »

That's not what was said.

For those with reading comprehension difficulties:

Tiddlywinks wrote: »

To be honest, asking for possession of the property on 28th December is a bit off isn't it?

The week in between Christmas and new year?

How easy do you think it would be to find a property and move that quickly with the festive season so close?

Four people "thanked" this nonsense.

Tiddlywinks wrote: »

You're a landlord providing a 'professional' service... I would suggest that a tenant not moving out over Christmas was a risk that should have been anticipated.

Don't play the victim... you should be the professional in this relationship.

Two months, ending in the period in between Christmas and new year is not really 'adequate' in my opinion.

10 people thanked this.

Guest101

thesaint wrote: »

For those with reading comprehension difficulties:

Where does it say that the tenant shouldn't pay their rent?

thesaint

Guest101 wrote: »

Where does it say that the tenant shouldn't pay their rent?

Nowhere.
I didn't say that members said the tenant shouldn't pay rent.

I said the tenant has not paid rent(for two months), yet members are saying that the non rent paying tenant shouldn't have got a notice to expire at christmas. Cry me a river.

Please re-read the thread. Slowly.