I need your help! Tenants cannot pay

thesaint

Do not serve a new notice.
Simply fill out court form N5b and apply to the court for possession.

Thunderbird_2

Thank you, thesaint

And historically, what is the average time scale for this from application of N5B to getting the possession back?

thesaint

The only timescale only matters for the County Court dealing with your property.
Even then, there are lots of factors.
If the tenant waits for bailiffs to turf them out, my court take approx 2 months.

Thunderbird_2

One last question, if the tenant was paying rent, and the notice is valid, can I serve N5B and proceed with court action?

Many thanks

thesaint

See post #12

Mossfarr

My understanding is that the local authority advises the tenant to stay put until the bailiffs arrive. It is only at that point your tenants are considered to be homeless. If they leave at any point before the bailiffs arrive the council deem them to have voluntarily made themselves homeless therefore they do not have to accommodate them.
You will incurr the court costs and cost of employing bailiffs. Hopefully your tenants will continue to pay the rent so your losses won't be too great. If they stop paying there isn't much you can do about it as its really not worth pursuing them for money if they simply haven't got it.
good luck
mossfarr

squeeks

Has the tenant actually missed any payments?

I would provide a copy of the tenancy agreement to the tenant. That contains all the information the tenant should need to present to the local authority regarding the rent amounts for the purposes of housing benefit etc...

If the tenant has no intention of paying the rent and wants to be housed by the local authority, then you'll need to start the eviction process, but again, I'd wait to do this until the rent hasn't been paid.

It is going to be expensive and drawn out for you as you will need to go through the entire legal process before the local authority will step in.

[Edit to add]

If it is your intention to sell anyway, just issue a section 21 notice now and get the ball rolling.

During that time you won't get any rental income either.

HappyMJ

Just one more thing...

What date did you issue the Section 21 notice?

What date did you protect the deposit in an authorised scheme?

What date did you give the prescribed information to the tenant?

Thunderbird_2

Thank you all for your very helpful replies (Mossfarr, squeeks and Happy MJ). I deeply appreciate your time. And I am sorry for taking time to come back to you. Working lates and nights over the last weeks.

Happy MJ

Section 21 was signed at the same time the contract was signed.

I have protected the deposit within the specified time frame by the DPS.

I think I gave the tenant the prescribed information as required, but I cannot remember for sure (I need to check emails/texts)

theartfullodger

Thunderbird wrote: »

...Section 21 was signed at the same time the contract was signed.

I have protected the deposit within the specified time frame by the DPS.

Presumably s21 signed (therefore served) before they moved in: & before deposit protected, or PI served: On all 3 grounds, s21 will be invalid then: Serve s21 again.

....I think I gave the tenant the prescribed information as required, but I cannot remember for sure (I need to check emails/texts)

So serve it again, get proof you served it, then serve s21 again.

(No offence - I made worse mistakes when I started...) done any training in being a landlord or read any books on the subject??