Novice Landlords Please Help!

G_M

NoviceLandLord78 wrote: »

Regarding the first letter to notify the tenant, is there specific wording required i.e. is there a template available so I dont get it wrong on a technicality? The section 8 seems straightforward. Many thanks again for all your help

The first letter should just be a notification that there are arrears and a request that they be paid. Include a rent statement showing what should have been paid, & when, and what has been paid, and when.

The formal start of eviction however is service of either a S8 &/or S21 notice.

Examples of both are at the end of this post:

* Ending/renewing a fixed term: what happens when a fixed term ends? How can a LL or tenant end a tenancy?

Horseygirl123

Could I ask a question about arrears.

I understand s8 can be served when a tenant is two months in arrears. Does this mean two full tenancy periods or as soon as the second rent due day has passed? ie. rent is due on the 1st of each month so assuming no rent has been paid for that month, then when it gets to the 2nd of the following month and rent still not received, is that when the tenant is deemed to be two months in arrears?

Thanks

Norman_Castle

Midland Hearts involvement may be to provide the deposit as a loan to the tenant. http://england.shelter.org.uk/get_advice/private_renting/costs_of_renting/rent_deposit_and_bond_schemes

As a landlord you should have known and understood this before accepting it as a deposit. You should also have paperwork with regards to it.

Yorkie1

Horseygirl123 wrote: »

Could I ask a question about arrears.

I understand s8 can be served when a tenant is two months in arrears. Does this mean two full tenancy periods or as soon as the second rent due day has passed? ie. rent is due on the 1st of each month so assuming no rent has been paid for that month, then when it gets to the 2nd of the following month and rent still not received, is that when the tenant is deemed to be two months in arrears?

Thanks

It's the latter, as highlighted.

Be aware that if the tenant has reduced the amount of rent in arrears below the 2-month amount by the time of the court hearing, the action will fail.

This is why it is usually advisable to issue a s.21 notice at the same time as the s.8. It might not be able to take effect immediately (depending on when the fixed term of the tenancy expires) but at least it's in place (assuming the LL wants the T out, that is).

G_M

Yorkie1 wrote: »

It's the latter, as highlighted.

Be aware that if the tenant has reduced the amount of rent in arrears below the 2-month amount by the time of the court hearing, the action will fail.

This is why it is usually advisable to issue a s.21 notice at the same time as the s.8. It might not be able to take effect immediately (depending on when the fixed term of the tenancy expires) but at least it's in place (assuming the LL wants the T out, that is).

As Yorkie says above.

However that applies to a S8 (ground 8) which is mandatory.

You can use a S8 (ground 10) with any amount of arrears, but that is discretionary, so court will look at the circumstances and decide.

jjlandlord

G_M wrote: »

You can use a S8 (ground 10) with any amount of arrears, but that is discretionary, so court will look at the circumstances and decide.

Meaning that it will fail, at least on the first try.

misspickle_2

Holy mother I don't fancy your chances LL.
That does not sound like a protected deposit to me!
Your talking 6 months to get her out possibly 4 months maybe if you know what your doing.
Good luck.
You got well and truly bitten :eek:
Better luck next time.
My landlords are so lucky to have me model tenant with 10 year exemplary record.
Ark can you hear that trumpet

pinkshoes

As well as issuing an S8 when 2 months in arrears, I would perhaps also send a personal letter NOW, stating how far on arrears they are, and what you then plan to do. Tell them that you will be making it clear to the council that the eviction is due to non payment at rent, which will make them very low priority for any future accomodation.

Basically politely tell them that you will do what you can to make sure rhet end up in terrible accommodation if they don't pay their rent.

misspickle_2

pinkshoes wrote: »

As well as issuing an S8 when 2 months in arrears, I would perhaps also send a personal letter NOW, stating how far on arrears they are, and what you then plan to do. Tell them that you will be making it clear to the council that the eviction is due to non payment at rent, which will make them very low priority for any future accomodation.

Basically politely tell them that you will do what you can to make sure rhet end up in terrible accommodation if they don't pay their rent.

Why? My guess is they already know. It stands out a mile!
And if op hasn't covered himself as a landlord well ..........

NoviceLandLord78

pmlindyloo wrote: »

It seems to me that the tenant has gone to the council (perhaps because she was homeless) and asked for some help with finding private accommodation. It seems that this is a Deposit Rent scheme where no money changes hand but the council 'guarantees' the deposit in the event things go 'belly up'.

It is also possible that before the council would agree to a rent deposit scheme then an assessment of the property had to be done.

Information about it may be on the local council website.

If it is a rent deposit scheme then there is no need for the deposit to be placed in an approved scheme because there was no money changing hands.

So, issue the Section 8 as per G_M's link and when it is 2 months in arrears then ask the council for the HB to be paid direct to you.

I suspect you are in for a long haul as regards eviction as the council will 'encourage' the tenant to stay put until you get a court order which could take a while.

You may want to consider getting the council to pay the HB direct to you and negotiating with the tenant about a repayment plan for the arrears. The tenant may be able to get help with the rent arrears from the council through a Discretionary Housing Payment.

This route may be financially better for you.

PMLindyLoo - You have explained the situation perfectly thank you. I suspect this is exactly what will be happening here. Many many thanks for all the advice given, it is invaluable, will let you know how I get on.