should I give Tenant notice now

G_M

You seem very out of your depth...

* I doubt you have a Direct Debit set up. Do you mean Standing Order?
* Visum appears to be an online letting agency, NOT a landlords Association. They will not do evictions
* Check the exact terms of your Direct Line policy. What will/won't it cover? Does it include legal help? It seems amazing you are coming here for advice when you have insurance that might cover you, but have not even checked....
* You can use a S21 to expire at/after the end of the fixed term, but it must include 2 calender months notice. If the FT expires on 11th July, that is less than 2 months from now. Why wait?
* Did you take a deposit? Will your S21 be valid? (see link below)
* You can also use a S8. For ground 8 (mandatory) 2 months rent must be owing. If both April & May are owed/unpaid, you can issue S8 ground 8.
* I assume you have already written to the tenants, advising them of the arrears, and potential consequences, and including a full rent statement? If not, why not?
* given your apparant limited knowledge of tenancies, tenancy law etc I wonder if meeting the tenants to discuss is wise.... Be very careful what you say. For example, harassment of tenants is a criminal offence.....

* Deposits: payment, protection and return

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

* New landlords: advice, information & links*

Protection from Eviction Act 1977

jstvj

G_M wrote: »

You seem very out of your depth...

* I doubt you have a Direct Debit set up. Do you mean Standing Order?
* Visum appears to be an online letting agency, NOT a landlords Association. They will not do evictions
* Check the exact terms of your Direct Line policy. What will/won't it cover? Does it include legal help? It seems amazing you are coming here for advice when you have insurance that might cover you, but have not even checked....
* You can use a S21 to expire at/after the end of the fixed term, but it must include 2 calender months notice. If the FT expires on 11th July, that is less than 2 months from now. Why wait?
* Did you take a deposit? Will your S21 be valid? (see link below)
* You can also use a S8. For ground 8 (mandatory) 2 months rent must be owing. If both April & May are owed/unpaid, you can issue S8 ground 8.
* I assume you have already written to the tenants, advising them of the arrears, and potential consequences, and including a full rent statement? If not, why not?
* given your apparant limited knowledge of tenancies, tenancy law etc I wonder if meeting the tenants to discuss is wise.... Be very careful what you say. For example, harassment of tenants is a criminal offence.....

* Deposits: payment, protection and return

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

* New landlords: advice, information & links*

Protection from Eviction Act 1977

I have spoken to the Tenant who claims the the rent for both months has been taken from her account and as I have not received it, the blame is on Barclay's Bank. I bank at the same branch of Barclay's but they are of no help whatsoever. They say it Tenants problem. I have ask Tenant to provide evidence, but in the meantime her Dad is dealing as he has authority over her account.
I have been promised £400 in cash tomorrow, which is a start, but I am still wondering if I should issue section 21 in case of further problems, as I doubtthe Tenants explanation. By the way Vising do will handle the eviction paperwork if I am not confident in doing it. I can complete forms OK but so much emphasis is put on the fact that everything must be precise and correct, I am worried about doing something wrong. For £20 it would seem worthwhile getting Vising to do it for me.

jstvj

By the way a deposit was paid and I have the proper insurance valid that respect.

I understand there are two section 21 notices, which one to use if I issue it during the fixed term but the notice expires after.

Guest101

Only issue a s.21 if your going to evict, otherwise its a waste of time.

If they're paying £400 in cash then clearly they havent paid the rent as they claimed.

S.8 & S.21 seem appropriate, issued together, but that;s if you will evict.

Remember eviction can take upto 4 months. They may catch up in 4 weeks.

fairy_lights

jstvj wrote: »

I have ask Tenant to provide evidence, but in the meantime her Dad is dealing as he has authority over her account.

Why does her dad have authority over her bank account? That sounds a bit worrying...has she had previous financial problems and can't control her own money?

Pixie5740

Barclays aren't going to give you any information about someone else's account.

jstvj

fairy_lights wrote: »

Why does her dad have authority over her bank account? That sounds a bit worrying...has she had previous financial problems and can't control her own money?

Yes, this worries as well.

jstvj

Pixie5740 wrote: »

Barclays aren't going to give you any information about someone else's account.

But surely they can give me information on the status of the standing order. On reflection I dont think it's a direct debit.

When a cheque bounces, it's returned saying insufficient funds etc. What is the procedure when a standing order is not paid?

Guest101

jstvj wrote: »

But surely they can give me information on the status of the standing order. On reflection I dont think it's a direct debit.

When a cheque bounces, it's returned saying insufficient funds etc. What is the procedure when a standing order is not paid?

Ofcourse not.

A standing order is:
The owner of the account instructing the bank to make a payment automatically on a set date. - it has NOTHING to do with you.

(its definitely not a direct debit, i'd wager £100 on that)

jstvj

Guest101 wrote: »

Only issue a s.21 if your going to evict, otherwise its a waste of time.

If they're paying £400 in cash then clearly they havent paid the rent as they claimed.

S.8 & S.21 seem appropriate, issued together, but that;s if you will evict.

Remember eviction can take upto 4 months. They may catch up in 4 weeks.

If i issue a Section 21 just in case, surely I can cancel it, should matters improve.