Tenants late with rent, again.

Evee2000

Have you considered the accelerated possession route? Section 8 issued once they are 2 months in arrears (or 8 weeks depending on AST). If no response/resolution issue court proceedings for possession after 17 days of issue of Section 8. Rent cannot be claimed, this would be via the small claims court. The RLA have quite a bit of guidance if you would like more info - http://www.rla.org.uk/landlord/possession_proceedings/possession_overview.shtml?gclid=CJiqjoP2g48CFRy_XgodoXEHzQ

Good luck!

KathrynPenguin

I'm expecting them to pay monthly now. The first month they paid monthly they were 15 days late after I wrote twice. This month they are now 21 days late and not a peep out of them, the next months rent is due in 11 days time. If I do serve them section 21 I would like to do it so that it fell on 21st December - it'll be far more inconvenient for them if they have loads of family due again this year - which was why I let them have a 2 month contract last year.

Dithering_Dad

Guy_Montag wrote: »

& you would be breaking the law.

If the tenants pursued you, you would certainly be fined & could face a prison term for illegal harassment & eviction.

'sfunny how the wheels of justice move so slowly when you're trying to evict tenants, yet move so fast when you do something creative to speed them on their journey.

Perhaps instead of removing the circuit board, one could just pour water onto it to fuse it, then get a new one (mine cost £100 when I replaced it) once they leave. They couldn't prove it was done maliciously. They also probably wouldn't have the brass neck to demand that the heating is fixed, while still not paying up their rent.

You guys are such softies! :rolleyes:

Guy_Montag

Dithering_Dad wrote: »

'sfunny how the wheels of justice move so slowly when you're trying to evict tenants, yet move so fast when you do something creative to speed them on their journey.

Perhaps instead of removing the circuit board, one could just pour water onto it to fuse it, then get a new one (mine cost £100 when I replaced it) once they leave. They couldn't prove it was done maliciously. They also probably wouldn't have the brass neck to demand that the heating is fixed, while still not paying up their rent.

You guys are such softies! :rolleyes:

Actually it would be a criminal offence (I think, maybe civil) for you to do anything to the boiler, you would need it to be done by a CORGI engineer.

The reason the law is somewhat asymmetric is that the landlord/tenant relationship is asymmetric - less so now that every Tom, !!!!!! & Harry has jumped on the BTL bandwagon, but in days of yore it certainly was. However, the fact remains that the tenant is living in their home & you need to be careful how you treat them.

Dithering_Dad

Guy_Montag wrote: »

Actually it would be a criminal offence (I think, maybe civil) for you to do anything to the boiler, you would need it to be done by a CORGI engineer.

The reason the law is somewhat asymmetric is that the landlord/tenant relationship is asymmetric - less so now that every Tom, !!!!!! & Harry has jumped on the BTL bandwagon, but in days of yore it certainly was. However, the fact remains that the tenant is living in their home & you need to be careful how you treat them.

Tsk, next you'll be telling me that I can't torch the place to drive them out and then use the insurance money to do it up!
As Mr. Bumble correctly states... The law is a !!!!

clutton_2

""If I do serve them section 21 I would like to do it so that it fell on 21st December""

this will not provide you with the vengeful joy that you seek ...

they will ignore the section 21, stay exactly where they are, enjoy a rent-free christmas, and then you will have to apply to court to have them evicted. courts are busy places and then we have the compulsory 2 weeks xmas delay ....... court may write back to you by end of Jan if you are lucky ...... giving the tenants a date to leave by (normally 28 days) - PROVIDED you get all your dates right on all the forms ........ now at end of feb ...... tenants STILL do not have to move out ..... you apply to the court again to ask for bailiffs to put them out ...... another few weeks may go by depending on how busy the bailiffs are ........ you could have these mickey-takers in your house legally until Easter.

coal9011

I does sound like your tenants are having money problems, strange after recently selling a property?

They do seem to be hiding their heads in the sand and avoiding talking about this issue with you. I'm for the tenant -but in this case- they have left you with no option but to issue a Sectin 21 Notice.

This should not be a problem as there is more then 8 weeks rent owing. Even so, this will not an instant solution to your problem as if they "dig their heels in" it will take a few months to finally evict them.

Sorry, composing this post while clutton posting her's - saying the same thing really (although more detail provided by C)

KathrynPenguin

I'm not really thinking they will be out by 21st December at all more that it will put a rocket up them as to how they are behaving. I'm well aware that the law is a very slow process and that if I have to get them out it will take ages and ages. I'm also aware that they are not very bright people and will not have as good an idea of the process as me. Oh and that whenever he goes into the local he will be asked if he is still being a no-mark who doesn't pay the rent by all and sundry.

The abusive drunken ex still cares about me for some strange reason and he won't stop mouthing off to all and sundry. The blokes brother has already had words with him over this as he doesn't like everyone thinking the family are such no-marks.

KathrynPenguin

coal9011 wrote: »

I does sound like your tenants are having money problems, strange after recently selling a property?

They do seem to be hiding their heads in the sand and avoiding talking about this issue with you. I'm for the tenant -but in this case- they have left you with no option but to issue a Sectin 21 Notice.

This should not be a problem as there is more then 8 weeks rent owing. Even so, this will not an instant solution to your problem as if they "dig their heels in" it will take a few months to finally evict them.

Sorry, composing this post while clutton posting her's - saying the same thing really (although more detail provided by C)

There is only 2 weeks rent owing. I just don't see why I should allow them to be late with the rent every month with absolutely no explanation. I would rather start the eviction proceedings and get shot of them before the problems get worse. Frankly if they are unable to pay last months rent I fail to see how they are going to manage this months rent which is now due in 11 days time.

clutton_2

the problem with applying for a Section 8 (rent) eviction is that a clever tenants may well pay up some money in court, then the judge has to throw the case out, and you start all over again.

i would ignore the rent thing, and just go with a section 21 - BUT the issue of the earlier tenancy agreement (If you had signed it and IF they still have it and they signed it) may well mean that you cannot issue a 21. the only way you can find out is by issuing a 21 and going to court with it and see if they defend it. i am reliably informed that the vast majority of 21's are not defended. if they dont defend it, then see my earlier post .......

had you by any chance taken out rent guarantee insurance ?