Novice landlord, need advice

AngieG2

Hi there, would appreciate some advice. Have read the info at the top of the thread.

My property was previously managed by an agent but I parted with them this year and now manage it myself so I’m a newbie at this.

Tenant has been late with each of the last 4 payments made directly to me (she clearly doesn’t have a SO set up as per the AST). One month she was 10 days late, no explanation, apology and did not return any of my calls, texts, VM’s. On checking the agent records she was late with all those too (tenant disputes these).

I decided to give her notice and wrote a letter stating I was giving 2 months notice and she was to vacate by 7 September (day before rent due). Sent it recorded. Tenant did not sign it/pick it up. 3 days later I sent a standard post letter. That same day she text me to say she’s signed off sick unpaid and unable to make rent payment on time or in full. I text back saying I was sorry she was sick but I rely on this money to pay my bills and I was serving notice. I then also emailed the letter to her.

I notified her I was out of the country and returning mid July and on my return I wanted to do a property inspection and attend with an Estate agent (3 weeks notice given)

She has now text me (after me clearly saying I could not text or phone, only email or WhatsApp) to say she has been to the housing and I’ve not served correct notice for them to help her with housing as I was evicting her.

Housing are saying I need to issue a form 6a. Is this correct? I had assumed a letter would suffice, it contains the appropriate notice etc. She has told the housing I’m evicting her (I’m not, I’m merely wanting to end her tenancy as I can’t afford to worry every month if the money will be paid)

Do I now need to issue a form 6a and would I need to date it for when I get home and meet up with her or can I backdate it. Can I say that I’m happy for her to leave within the 2 months of this helps her? What do I do?

AdrianC

AngieG2 wrote: »

She has now text me (after me clearly saying I could not text or phone, only email or WhatsApp) to say she has been to the housing and I’ve not served correct notice for them to help her with housing as I was evicting her.

Housing are saying I need to issue a form 6a. Is this correct? I had assumed a letter would suffice, it contains the appropriate notice etc. She has told the housing I’m evicting her (I’m not, I’m merely wanting to end her tenancy as I can’t afford to worry every month if the money will be paid)

Do I now need to issue a form 6a and would I need to date it for when I get home and meet up with her or can I backdate it. Can I say that I’m happy for her to leave within the 2 months of this helps her? What do I do?

Yes, you need to issue s21 notice properly. Any problem with it renders it void, and when you issue the correct notice, it starts back at day zero. Don't get pernickerty about the communication method - be thankful she's brought it to your attention now, instead of waiting until you thought it had expired...

https://www.gov.uk/guidance/assured-tenancy-forms#form-6a

This may sound harsh - but whether you can pay your bills or not is your problem, not hers. Yes, she's in breach of her tenancy by paying late - but you should have an adequate buffer to cover things like voids and damage. What if she was paying on time, but the boiler had a major leak, flooding the place? What if she did a runner, leaving the place trashed?

You aren't "evicting" her, true - you are simply giving her notice. If she doesn't leave at the expiry, then you can start the long, slow, expensive process of regaining possession ("evicting"). But, from her point of view, it's as appropriate a layman's term as any. You've told her that she needs to move home.

tom9980

No you cannot backdate form6a

https://forums.moneysavingexpert.com/discussion/5180214/tenancies-in-eng-wales-guides-for-landlords-and-tenants Read this thread post 4 has eviction info.

Use the s21 eviction checker tool https://markprichard.co.uk/content/documents/170522-Section-21-checker-tool.pdf

luiza8

Do late rent payments appear on your credit file when creditors search it?

00ec25

AngieG2 wrote: »

Housing are saying I need to issue a form 6a. Is this correct? I had assumed a letter would suffice,

dear me, you really are a novice.

read the sticky and learn the basic facts of what you should have researched before you "wrote a letter" and before you end up in court for an illegal eviction.

https://forums.moneysavingexpert.com/showpost.php?p=67759913&postcount=4

00ec25

luiza8 wrote: »

Do late rent payments appear on your credit file when creditors search it?

no they do not
a publicly accessible credit "history" file contains records of court judgements (CCJ) not late payments

a record of late payment is known only to the person you paid late, it has no place in your general credit "history"

AngieG2

Thank you for the replies.

I’m still not clear.....Adrian C states that I need to issue a Section 21 backdated to zero (meaning the date I sent my original letter)?

Tom9980 says I cannot backdate the firm 6a but refers me to notes on Section 21?

So do I issue a form 6a or section 21?

And in future do I always issue this if I want a tenant to leave? You cannot simply wrote to them and agree a voluntary end?

(The property was part of my divorce settlement so hence why I’m a novice and I have cover for breakdowns etc)

Marvel1

AngieG2 wrote: »

And in future do I always issue this if I want a tenant to leave? You cannot simply wrote to them and agree a voluntary end?

(The property was part of my divorce settlement so hence why I’m a novice and I have cover for breakdowns etc)

You really do need to read the top post by G_M before having a new tenent and decide if it's a business you want to continue.

P.s. I don't know the answer as not a landlord.

AdrianC

AngieG2 wrote: »

I’m still not clear.....Adrian C states that I need to issue a Section 21 backdated to zero (meaning the date I sent my original letter)?

No, I mean that when you get all the ducks in a row for your s21 being valid, the date is reset to zero on the date the valid notice is issued.

In other words, if you get it out this week, the two months starts this week. NOT when you originally sent your legally meaningless letter asking very nicely.

So do I issue a form 6a or section 21?

s21 of the Housing Act 1988 is the legal grounds under which you are issuing notice. That notice is issued on form 6A.

https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/section_21_eviction_process

(The property was part of my divorce settlement so hence why I’m a novice and I have cover for breakdowns etc)

You could have sold it... Ignorance of the law is never an excuse for not understanding the business you are running.

[Deleted User]

As the tenant is seeking help for housing from the council (and is not working, making finding another private rental difficult) you will probably be looking at going through the full eviction process. The council won't help her until she is evicted. So I'd start calling it an eviction now.

Make sure the deposit is protected, you have complied with all the requirements (link to which is above) to make a S21 valid.

Read the sticky at the head of this board. You need more awareness of what you can and can't do as a Landlord, otherwise the eviction process is going to be even more difficult and expensive than it should be. Try searching for eviction on this board, read some more posts, if you haven't already. The last episode of C5's Nightmare Tenants Slum LandLords will give you an idea if you can view it on how not to be a LL evicting tenants.

00ec25

AngieG2 wrote: »

So do I issue a form 6a or section 21?

having presumably now read both the sticky and the notes to a Form 6a, if you really are struggling to comprehend they are one and the same then I strongly suggest you bite the bullet and pay a solicitor to do this for you.

You are (badly) trying to evict a tenant who is already in touch with the council and they (and/or CAB) will readily advise the tenant on everything you get wrong. Meaning you could end up going round in circles for several months until you get your paperwork correct, and get your day in court. That is because, as others mention, it looks very much like the council will advise the tenant to remain in situ (as is their legal right to do so) until you have an actual eviction notice from a court.

if you had read the sticky you would now understand what that means and how it differs to a court awarded notice of possession

read the sticky instead of asking to be spoon fed point by point
https://forums.moneysavingexpert.com/discussion/5180214/tenancies-in-eng-wales-guides-for-landlords-and-tenants