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Now suffering from rent arrears!
alladin
Posts: 21 Forumite
So a few years ago I posted a question about guarantors, thankfully i've not needed to pursue this route at all, until now.
Tenant is over 2 months in rent arrears, looking back at this I wish I started proceedings with sending rent arrears reminder letters back in December. Little that I knew, the tenant was receiving housing benefit and not paying me whilst I was trying to help with him plan his finances.
Early Jan, tenant sent me an email telling me he cannot afford to live at the property and would like to leave (a month and a bit into their shorthold tenancy contract). I agreed and also told him he still owes me a month's rent. The tenant has not contacted me since, a few days before the agreed date for him to vacate the property I sent a text message saying if he does not contact me I will not accept his request to vacate the property and I will hold him liable for the full tenancy agreement. Still not heard back, still living at the property.
Last week I finally had enough as I wasn't getting anywhere with the tenant or the housing benefit department. I sent him a reminder letter, also sent a copy to his guarantor. Still not heard anything.
How long do I need to wait before sending him another reminder? And when can I start proceeding against the guarantor?
I've read in a few places, usually you'd;
1. Send the first letter after a week of the rent due date
2. Followed by another a week before the 2nd due date approaches, at this point I can also contact the guarantor directly under the 'Guarantor Notification of Rent Demand'.
3. Over a month overdue, send a formal demand requesting payment be made immediately with the threat of legal action
4. Followed by a section 8 Notice approx after 7 days with a cover letter informing the tenant and guarantor i'm seeking possession, a court order for costs, legal expenses and a CCJ.
5. Issue section 21
As I said, I wish I started this process much earlier but I was trying to be helpful :T, that'll teach me! Anyway, i'm owed over 2 months rent, do I still need to go by those timescales? Are they correct?
Constructive feedback would be greatly appreciated.
Tenant is over 2 months in rent arrears, looking back at this I wish I started proceedings with sending rent arrears reminder letters back in December. Little that I knew, the tenant was receiving housing benefit and not paying me whilst I was trying to help with him plan his finances.
Early Jan, tenant sent me an email telling me he cannot afford to live at the property and would like to leave (a month and a bit into their shorthold tenancy contract). I agreed and also told him he still owes me a month's rent. The tenant has not contacted me since, a few days before the agreed date for him to vacate the property I sent a text message saying if he does not contact me I will not accept his request to vacate the property and I will hold him liable for the full tenancy agreement. Still not heard back, still living at the property.
Last week I finally had enough as I wasn't getting anywhere with the tenant or the housing benefit department. I sent him a reminder letter, also sent a copy to his guarantor. Still not heard anything.
How long do I need to wait before sending him another reminder? And when can I start proceeding against the guarantor?
I've read in a few places, usually you'd;
1. Send the first letter after a week of the rent due date
2. Followed by another a week before the 2nd due date approaches, at this point I can also contact the guarantor directly under the 'Guarantor Notification of Rent Demand'.
3. Over a month overdue, send a formal demand requesting payment be made immediately with the threat of legal action
4. Followed by a section 8 Notice approx after 7 days with a cover letter informing the tenant and guarantor i'm seeking possession, a court order for costs, legal expenses and a CCJ.
5. Issue section 21
As I said, I wish I started this process much earlier but I was trying to be helpful :T, that'll teach me! Anyway, i'm owed over 2 months rent, do I still need to go by those timescales? Are they correct?
Constructive feedback would be greatly appreciated.
0
Comments
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Just get rid.
send a S8 Notice. Send with a covering letter referring to previous communications/reminders/ agreement, together with a rent statement.
Send a S21 as well in case he pays down the arrears to 2 just below 2 months just before the court date.
If you can agree an immediate 9near immediate) Early surrender, get it in writing with a specific date + signature. Charge double rent after that.0 -
What about the fact the agreement still has 5 months left in it? If I send Secton 21 is it not effective as of the end of the agreement?
Also can I pursue the guarantor?0 -
S8 an be actioned now.What about the fact the agreement still has 5 months left in it? If I send Secton 21 is it not effective as of the end of the agreement?
Also can I pursue the guarantor?
S21 cannot be actioned till end of fixed term but can be served now.
If you want the tenancy to continue but with rent being paid, write to guaranotr with rent statement, explanation, and request for payment.
If you want the tenant gone, serve S8, and pursue the tenant and guarantor for arrears once possession granted.
Amazed you ask if you can pursue the guarantor - what did you think was the purpose when you got the Guarantee Deed Executed?
(you did get a Deed executed properly yes?)0 -
have you been to the council. a tenant two months in arrears is often enough for the benefits to be paid direct to you from the benefits office. even while waiting to repossess the property. there is some really good advice from others above !!0
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Spoke with the Council and they are now acting on it and transfer payment to me. But i've been informed the payment is only 50% of what the rent is.
Best solution is for me to get rid of this tenant asap. thank you al for your quick response.0 -
@G_M, regarding guarantor, yes I did everything properly. As this is my first time taking this route, I wasn't sure when I can go ahead and start taking action against the guarantor. thanks for your feedback.0
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RE
Er.. no, it started quite some time ago, not "now"....Now suffering from rent arrears!0
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