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Arrears In Rent

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Comments

  • deepam
    deepam Posts: 160 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    He is 25+ and single. I feel he should have been responsible enough to know that he cant afford the rent and should not sign the contract. Anyways I don't want to get into - 'why did he do it'

    Looking forward, I would not want him to live in my flat and would want my flat back. I dont think its fair on me as I have paid mortgage with my hard earned money all my life. And no - I will not allow him to get any loggers in.

    My flat is in high rent area. £900 is very reasonable rent for the area and there are other flats going easily for a £1000
  • GDB2222
    GDB2222 Posts: 26,879 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 30 July 2019 at 10:57AM
    deepam wrote: »
    He is 25+ and single. I feel he should have been responsible enough to know that he cant afford the rent and should not sign the contract. Anyways I don't want to get into - 'why did he do it'

    Looking forward, I would not want him to live in my flat and would want my flat back. I dont think its fair on me as I have paid mortgage with my hard earned money all my life. And no - I will not allow him to get any loggers in.

    My flat is in high rent area. £900 is very reasonable rent for the area and there are other flats going easily for a £1000

    How many bedrooms does the flat have?

    Also, check the reference rent in the tables on this page https://www.gov.uk/government/collections/local-reference-rents-levels-collection#2019

    How much is it?

    I think you are being unfair. There was nowhere to move to, except the street. Also, he can pay the rent if it's within the reference rent for the area.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    deepam wrote: »
    He is 25+ and single. I feel he should have been responsible enough to know that he cant afford the rent and should not sign the contract. Anyways I don't want to get into - 'why did he do it'

    Looking forward, I would not want him to live in my flat and would want my flat back. I dont think its fair on me as I have paid mortgage with my hard earned money all my life. And no - I will not allow him to get any loggers in. - you seem to think you have a choice in this?

    My flat is in high rent area. £900 is very reasonable rent for the area and there are other flats going easily for a £1000



    The guy has no money, it will take 4 months to evict him. Why not just pay him to leave? Surely that's better than waiting for eviction and then having a void whilst you find a new tenant?
  • deepam
    deepam Posts: 160 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Ok. How much do you think I should agree to pay him to leave? And what if he does not leave even after taking the money?
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    deepam wrote: »
    Ok. How much do you think I should agree to pay him to leave? And what if he does not leave even after taking the money?



    You agree a deed of surrender, google it.


    As for the amount, that's up to you to negotiate. £1k may be reasonable under the circumstances - enough for him to cover his moving costs.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Comms69 wrote: »
    The guy has no money, it will take 4 months to evict him.
    I may have lost the plot somewhat, but just how is the OP going to evict?


    Can't use S21 as te tenant has (recently?) signed a new fixed term contract. S21 cannot be used till the fixed term ends.


    Can only use a S8 Ground 8 if 2+ months arrears arise - is the tenant paying anyting? Is he paying monthly or is it just the 'year in advance' that he's not paying?


    If the tenant keeps arrears below the 2 month threshold, a S8 G8 will fail.


    Only hope for eviction is if the tenant's arrears exceed 2months rent, both when the S8 is served, and on the court date for possession.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    G_M wrote: »
    I may have lost the plot somewhat, but just how is the OP going to evict?


    Can't use S21 as te tenant has (recently?) signed a new fixed term contract. S21 cannot be used till the fixed term ends. - agreed


    Can only use a S8 Ground 8 if 2+ months arrears arise - is the tenant paying anyting? Is he paying monthly or is it just the 'year in advance' that he's not paying? - I took it from the OP that he hadn't paid anything, but yes, it could well be longer if he is.


    If the tenant keeps arrears below the 2 month threshold, a S8 G8 will fail.


    Only hope for eviction is if the tenant's arrears exceed 2months rent, both when the S8 is served, and on the court date for possession.



    agreed, I may have lost the plot myself, it seemed he was not paying anything - but I could be wrong
  • deepam
    deepam Posts: 160 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited 30 July 2019 at 11:07AM
    G_M - As I understand I can only issue section 8 after two months and section 21 is not an option.

    The tenant is not paying anything. He has already told Connells that he has no money. So what happens if within these two months he wants to pay part of the rent (say £200/£300)? Should I accept that? Or should I tell Connells that they should accept only full monthly rent of £900?

    What do you mean by "and on the court date for possession."
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 30 July 2019 at 11:21AM
    deepam wrote: »
    G_M - As I understand I can only issue section 8 after two months and section 21 is not an option.

    The tenant is not paying anything. He has already told Connells that he has no money. So what happens if within these two months he wants to pay part of the rent (say £200/£300)? Should I accept that? Or should I tell Connells that they should accept only full monthly rent of £900?

    What do you mean by "and on the court date for possession."
    You cannot "tell Connells that they should accept only full monthly rent of £900". Well you can tell them, but if the tenant pays something, then he's paid! It is not up to Connells to 'accept' or 'reject' rent - the tenant simply has do do a bank transfer, post a cheque, whatever, and that amount is paid.


    * You wait till 2 months arrears have arisen.
    * you then serve a S8 G8
    * you wait 2 weeks and apply to court for possession of your property
    * a court date is scheduled
    * if, on the court date, 2 months arrears are still owed, the court must grant you possession.
    * but if the tenant pays sufficient rent before, or on, the court date to reduce the arrears below the 2month threshold, the court cannot grant possession.


    You could try for S8 G10 (any arrears), but this is discretionary and the court is only likely to grant possession on this ground if there are other factors eg repeated arrears or other breaches.
  • deepam
    deepam Posts: 160 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    OK. That make it very clear with my next steps. Thanks
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