Tenants late with rent, again.

KathrynPenguin

Thanks all for your help. They had a 2 month contract before the start of their six month contract - this was paid in advance. They were waiting for this house sale to go through before signing the six month contract & paying 6 months rent in advance. Hence it started in Feb and ended in August.

I was sending them the new contract before they started being late with the rent, I sent the first copy in advance of the end of the previous contract.

We have witnesses for delivering the letters, this was the house I lived in and the neighbors were watching for us both times (they are very good friends of mine- they were fantastic neighbors)

Their original AST ran from 21 February to and including 20th August.

I would prefer to deliver the letters than go to DHL, I'd actually have to drive further to get the the DHL office (I live in the sticks).

So should I send a letter threatening section 21 or go straight for section 21? I don't want to be heartless but I wouldn't sleep a wink if I was late with a mortgage payment for fear of being in trouble - I don't understand why they should sleep easy when they are making hardships for me.

Fortunately I can afford to pay the mortgage, but it does mean I will have to change my lifestyle to avoid being in debt.

sooz

right, if their current contract started in Feb, you do not need to register the deposit, until they sign a new contract.

However, it depends how in the current AST you worded the payment part.

If you said payment was due monthly,and they chose to pay 6 months upfront, no problem

If the contract states that 6 months should be paid in advance.....then it starts to cause problems .

Best try posting the same question on www.landlordzone.co.uk/forums, with all the details.

Doozergirl

You need to nip this in the bud. You are not being heartless, they are being entirely irresponsible - they can't even be bothered to explain to you!! That's bad.

You do have until the 21st before you need to give notice for them to move out on 21st December so perhaps you could give them a 7 day warning before notice is served. Should be a nice Christmas present for them so do point out the date! Hopefully the rent will be forthcoming, then you serve notice anyway. Really. You don't want this to run on longer than it needs to.

What may not be fair is finding a new tenant simply to sell from under them

dolce_vita

mr.broderick wrote: »

pm me and i'll have them removed for you:cool:

Careful mr.b

You're getting into murky waters again.

SquatNow

Kick them out as soon as possible... the longer you wait the more you lose.

sooz

The section 21 you want is a 21(4)a for a periodic tenancy

Doozer - if their AST started on 21st, doesn't she want to give them notice to leave after 20th, not 21st December?

Doozergirl

Lord knows sooz. My tenancy agreement doesn't say. My last tenancy started on 7th and ended on 6th.

The one I'm having to organise for my in laws actually states 11am to 11am on the same day of the month! (Which makes more sense to me if you're getting your money's worth as a tenant!

Yes, the OP had better not take my word for it, just in case.

KathrynPenguin

sooz wrote: »

right, if their current contract started in Feb, you do not need to register the deposit, until they sign a new contract.

However, it depends how in the current AST you worded the payment part.

If you said payment was due monthly,and they chose to pay 6 months upfront, no problem

If the contract states that 6 months should be paid in advance.....then it starts to cause problems .

Best try posting the same question on www.landlordzone.co.uk/forums, with all the details.

The contract did say it was to be paid in advance. I guess I better go over to landlordzone and post there. I have all their credit checks in advance of them signing and they are all good

Doozergirl, I wouldn't get another tenant and sell from under them, I wouldn't want to sell right now but might consider it next year. I would mention to any prospective tenants what my intentions are.

sooz

I don't think a tenancy can start and end on the same date. Since you pay from the 21st for a calendar month until the 20th, and on the 21st your next rental period starts.

Therefore, after a fixed term, if you go periodic, it is deemed accepted if they paid on the 21st after the end of their fixed term.

Doozergirl

But when does the 20th become the 21st? Surely the assumption is that it falls from midnight of the morning starting 21st to midnight of the evening ending 20th otherwise you're not getting a full month?

I can't see what is wrong with it starting at 11am to 11am on the same day of the month as it is still exactly a month, in fact, more clearly exactly a month.