I need your help! Tenants cannot pay

G_M

HappyMJ wrote: »

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?

Given how knowledgeable some of the earlier posters are, I'm amazed it was not till post 19 that these important questions were asked.

If the S21 was served before the deposit was protected, it is invalid. The S21 will need to be served again. Then you will need to wait another 2 months. Then and only then can you go to court.

If the PI was not served, the S21 is also invalid. You would need to serve the PI before applying to court.

If the PI was served, but the S21 was served first, the S21 is again invalid.

Read:

* 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?

[Deleted User]

I am in the same situation but from the tenants side (although my LL wants to sell).

He has issued a S21 and I signed receipt of it (a new one). Two months notice will be up on 28th September.

I've been put through hell by Housing (gatekeeping).., telling me now three false stories as to why I can't be rehoused. This has actually made me ill physically and mentally (I had a life threatening low blood sugar on Saturday inspite of my best efforts to control it, lucky to be alive now -because of the stress, plus my blood pressure dosage has doubled and other things have gotten worse, my older son is now talking to someone who isn't there in the middle of the room, all new stuff).

I have proved I can't afford private housing. I have proved I can't move out of the area because of services that are provided for my kids (that I have waited a long time to be put into place). I have days that are very black and difficult.

BUT having said that.., you don't really have too many options. You can encourage the tenant to look at budgeting, applying for all the benefits she is able to get but at the end of the day, its her decision, and I don't know what LHA and market rents are like in your area, she may or may not still be able to manage.

The only other one is to wait until the tenants appy for a Housing Discretionary Payment but this is usually viewed as a short term fix while the tenant finds either more money or a cheaper property.., so its not a permanent fix.., you'll both probably be in the same situation eventually (and Housing Discretionary Payments usually imply anything other than basic expenses go for rent, so it will mean a lot of stress and belt pulling in).

All housing departments are different. With mine, in spite of having two kids with special needs, they are breaking their housing policy, saying the only way to get a reassessment for a higher priority band is because of lack of bedrooms (which doesn't apply) and that when I am in shared lettings emergency housing (one room which will NOT be suitable with the kids special needs) I will just be homeless so again reassessment doesn't apply, even though will be overcrowded. I am still fighting this one. My GP and my son's social worker are all trying their best to get Housing to listen, but so far we are getting no where.

So, it won't be a pleasant process for your tenant, but unless she decided to go for another private rental or get help from the council to pay rent on your or another private rental, or move to a cheaper area and/or apply for all the benefits she can get if she isn't working so she can pay rent, eventually she will get social housing.

And I'm afraid Housing will make it as unpleasant as they possibly can. Even the charities who are supposed to help you, don't seem able to.

I am told the council won't act (find emergency housing) til the bailiffs warrant has been served, so I will have to move out with little time to spare. I am packing now and will do my best to do what is needed to the house.., but I will be limited as to what I can do. So you might find your house left in a worse state than otherwise. You may find the tenant doesn't pay the last months rent (this seems to be very common) or more given the situation. I haven't done this because I don't like not paying my way, but a lot do. You could take them to court for this, but receiving payment might be difficult. If they are moved into B&B out of borough (and are moved from one place to another as often happens), just finding them could be rather difficult. Obviously they may not be paying bills so the normal location services won't work.

Basically, with the present systems, I think everyone loses.

Thunderbird_2

Thank you all for the invaluable contributions and giving perspectives from both sides of the fence. theartfullodger I have done no courses. Just a light read on Landlordzone and PropertyHawk websites.

I will have a read of these posts G_M Many thanks

I have found out that I have emailed the Prescribed Information in 2011. (Shock horror how time flies and I thought it was two years ago when they moved in!!) Do I need to send it by post as well?

tea-bag

Get the ball rolling quick things can go down hill very fast.

Thunderbird_2

The Prescribed Information form I sent to the tenants 4 years ago by email had only my signature on. I do not have a copy signed by the tenants.

Is this a problem?