should I give Tenant notice now

jstvj

G_M wrote: »

* get their name right - it's Visum
* Yes: they'll help with paperwork, but won't 'handle' it. They certainly won't 'do the eviction' as you originally claimed:

Only the landlord, or their POA, or a solicitor, can complete court forms or present a case in court. Visum will 'advise' you on completing the S21 and/or court forms, but ultimately it is your signature on the forms and you who goes to court if required, not Visum.

I thought I did say Visum but if I mad e a typo I apologise and admit not to being perfect.

jstvj

G_M wrote: »

* get their name right - it's Visum
* Yes: they'll help with paperwork, but won't 'handle' it. They certainly won't 'do the eviction' as you originally claimed:

Only the landlord, or their POA, or a solicitor, can complete court forms or present a case in court. Visum will 'advise' you on completing the S21 and/or court forms, but ultimately it is your signature on the forms and you who goes to court if required, not Visum.

I apologize for spelling Visum's name wrong, predictive text changed it on my mobile without my noticing it. Contrary to what you said Visum have confirmed that they will do complete the court paperwork, but of course, I would have to attend the court.

Also they said "You can issue the section 8 the day after the second month's unpaid rent becomes due". My Tenant failed to pay on April 12th and May 12th, but pays a month in advance, so I wonder if this would apply. Also they say the section 8 expires in 2 weeks, which unless the situation normalizes is far better than having to wait another two months and more of no rent being paid.

dcems

This thread is hilarious. Another landlord in it to make quick money without having a clue regarding what is involved.

jstvj

dcems wrote: »

This thread is hilarious. Another landlord in it to make quick money without having a clue regarding what is involved.

I had to move home for health reasons and we were unable you sell, so were forced to let it in order to live.

You have no idea what your talking about but if my misfortune makes you laugh, then go ahead.

GobbledyGook

If you rely on the rent to live then you really, really need to join a landlord association. If you get this paperwork wrong, or if you don't know that your LA is getting it wrong, then you could be in for months of delays and a lot of lost income.

The bank are never going to tell you details of someone else's account. Never, ever. If a tenant tells you they are having banking problems it's not down to you to chase it. Sympathy is one thing, you don't need to do their running about for them.

Also, imo, how much leeway you give a tenant is entirely down to a) how dependant on the income you are and b) how the tenant handles the issue. My tenant is currently half a month behind on rent. At one point she was 2 months behind, but she contacted me before rent day. She was very open about her and her other half being made redundant unexpectedly. They paid what they could (and even sent bank statements to show they weren't taking the mickey even though I said it wasn't necessary). They paid each time they had a little bit of money and kept me fully up to date. They planned to pay me back in full last month when she started work, but I made a repayment plan of a couple of months because if they default on other bills, end up in a financial mess then it'll not help me any. They are good tenants and I want them to stay.

If I had no rent appear then got the response of "horse vet bills" when I had to chase them I'd issue notices. Firstly because you shouldn't have to change them. Secondly because they have an uninsured horse which sounds expensive and thirdly because paying rent isn't a priority or they wouldn't have messed you around. Dad controlling the account would be sounding huge alarm bells to me.

CKhalvashi

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?

My mother has authority to act on our joint account, as well as our company accounts.

It may seem concerning, however it's to make sure that bills can get paid if anything happens to us/we're not around to deal with something when someone calls the office. Quick call to either her or the accountant is much more professional than telling someone to call back in x days/weeks when we're in, and guarantees that something will be done the same day. It's very rarely needed (I think twice in about 10 years), but when it was, it was very useful.

jstvj wrote: »

Thank you. I have asked Tenant to pay the £400 tomorrow and will have to see what she offers with regard to the balance owed. I think I will issue a section 21 (which one ?) myself, as it won't cost and will make it clear to tenant that I will evict unless rent is paid on time. Good idea to suggest Dad becomes Guarantor I will suggest it, thank you

But that's only helpful if the father can actually afford to pay the rent as it becomes due. I know that my parents couldn't afford to pay my mortgage out of their own pockets if anything happened.

Her priorities should put a house over a horse, but that's just my opinion, formed of (not so) common sense.

silverwhistle

CKhalvashi wrote: »

Her priorities should put a house over a horse, but that's just my opinion.. /SNIP/.

To be honest, although I've done a bit of horse riding in my time I agree and think everybody would be of the same opinion...

jstvj

GobbledyGook wrote: »

If you rely on the rent to live then you really, really need to join a landlord association. If you get this paperwork wrong, or if you don't know that your LA is getting it wrong, then you could be in for months of delays and a lot of lost income.

The bank are never going to tell you details of someone else's account. Never, ever. If a tenant tells you they are having banking problems it's not down to you to chase it. Sympathy is one thing, you don't need to do their running about for them.

Also, imo, how much leeway you give a tenant is entirely down to a) how dependant on the income you are and b) how the tenant handles the issue. My tenant is currently half a month behind on rent. At one point she was 2 months behind, but she contacted me before rent day. She was very open about her and her other half being made redundant unexpectedly. They paid what they could (and even sent bank statements to show they weren't taking the mickey even though I said it wasn't necessary). They paid each time they had a little bit of money and kept me fully up to date. They planned to pay me back in full last month when she started work, but I made a repayment plan of a couple of months because if they default on other bills, end up in a financial mess then it'll not help me any. They are good tenants and I want them to stay.

If I had no rent appear then got the response of "horse vet bills" when I had to chase them I'd issue notices. Firstly because you shouldn't have to change them. Secondly because they have an uninsured horse which sounds expensive and thirdly because paying rent isn't a priority or they wouldn't have messed you around. Dad controlling the account would be sounding huge alarm bells to me.

Thank you for the very constructive advice. I saw the bank yesterday and they are happy to issue the tenant with a standing order history, so she can prove the rent left her account. However this is obviously doubtful and so far nothing has come of Dad's so called intervention, which is even more suspicious. .

It's therefore apparent she has spent the rent on her horse and telling me lies. I will have to see if she honours her promise to pay some cash today. If she fails, then I shall have the section 8 and 21 issued straightaway. If she pays some and makes a reasonable offer to catch up, I will still have the section 21 issued to be on the safe side.

You and others have kindly advised me to join a LA, but Visum have been very helpful, knowledgeable and I have every confidence they will get the notices right. They will also complete the court papers if needed, so with respect what more could a LA do ? I also know that I shall have to go to court myself because I couldn't afford representation.

I am living on my state pension and without the rent, I have no surplus and ironically, I have outstanding vets bills to pay.


many thanks to you and the other positive posters, your input and advice is much appreciated.

CKhalvashi

jstvj wrote: »

You and others have kindly advised me to join a LA, but Visum have been very helpful, knowledgeable and I have every confidence they will get the notices right. They will also complete the court papers if needed, so with respect what more could a LA do ? I also know that I shall have to go to court myself because I couldn't afford representation.

Someone from the council/CAB may be able to attend with you.

It probably won't be a council employee, but in my 8 years as a councillor, I was often called upon by both landlords and tenants to fight a case, and on the condition they couldn't afford to go elsewhere, would usually agree.

Hope you get it sorted.

jstvj

CKhalvashi wrote: »

Someone from the council/CAB may be able to attend with you.

It probably won't be a council employee, but in my 8 years as a councillor, I was often called upon by both landlords and tenants to fight a case, and on the condition they couldn't afford to go elsewhere, would usually agree.

Hope you get it sorted.

Thank you.