tenant not paying rent

hheap55

Hi, I rented my home out last August and have received notification that he cannot pay, I have an assured shorthold tenancy agreement, does any one know when I can give notice, given the current climate (lockdown)
Thanks

Alter_ego

Why not come to an arrangement for him to pay part and top up when things improve? Notice now is 6 months I believe, followed by even longer if  he doesn't leave, and you go to court.

HampshireH

hheap55 said:

Hi, I rented my home out last August and have received notification that he cannot pay, I have an assured shorthold tenancy agreement, does any one know when I can give notice, given the current climate (lockdown)
Thanks

Have you spoken to your tenant? Are they entitled to benefits? May they be planning to leave? What are their intentions?

Contrary to many posts on here, most people don't expect free housing when they can't pay the bills. Of course some are forced by circumstances but this is a minority.

As a landlord it's currently a 6 month notice period on a section 21.

Read This 

https://www.gov.uk/tenancy-agreements-a-guide-for-landlords/ending-a-tenancy#:~:text=You must give your tenants,2020 and 28 August 2020

Angela_D_3

Whos given you this notification? 

Grumpy_chap

hheap55 said:

have received notification that he cannot pay

From whom?
I assume the tenant has paid you from August up until now?

This is the time to be a "good" LL and engage constructively with the tenant to understand what their position is, their future plans and whether they have a solution they can propose and what outcome they actually want.  Maybe you have a "good" tenant who is trying their best and wants an amicable agreement, maybe their income has gone down to 80% and rent of 80% would work for them.  Any number of things we can speculate about.  If they are requesting some leniency on the basis of a change of circumstances, it is reasonable to ask for evidence of that change.  You may be able to agree an adjustment that works for everyone - if so, ensure that adjustment is time-limited (you can always review and extend later if situation is not improved).

Allow a couple of days to discuss a suitable compromise all round.  If, by the end of Wednesday, things are not agreed, then tell the tenant you will have to serve S21, and do so by Friday.  Offer to continue dialogue afterwards to reach a solution at which point you may rescind the notice, but set a time limit after which you are not willing to discuss further so you do not just get strung along.

The above "compromise" approach assumes this is a good tenant that has paid on time and looked after the property.  If it is a bad tenant that failed on those fronts, then just serve 21 straightaway.  You can still discuss.

blowy_lil

No this is not me 

blowy_lil

hheap55 said:

Hi, I rented my home out last August and have received notification that he cannot pay, I have an assured shorthold tenancy agreement, does any one know when I can give notice, given the current climate (lockdown)
Thanks

what date in August Did they move in? and what have they told u ? And why are you wanting to evict 

greatcrested

You can serve a S21 Notice now, giving a 6 month expiry date, provided that date is no earlier than the end of the fixed term.

You can serve a S8 G8 Notice now, giving a 6 month expiry date, provided the rent arrears are greater than 2 months rent when the notice is served (and in 6+ months when it goes to court.

You can serve a S8 G10 Notice now, giving a 6 month expiry date,provided there are arrears (of any amount).

Post 4: 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?As others have said, communication and compromise is another way forward. Belt & braces.

* Gov advice

* S21 checklist (Is a S21 valid?) (note for '2 months' read '6 months')

[Deleted User]

It has just been announced that the tenant eviction "ban" has been extended by another six weeks in England until the 21st February,  Wales and Scotland have extended there's until the end of March (not too sure where your property is based - here's the link: https://www.bbc.co.uk/news/business-55586081).

Evictions can still take place if there has been substantial rent arrears but if they have only just notified you they can't pay then at the moment it looks like you can't evict them. However you can serve a six month notice under s.21 and/or s.8.

As many people have previously suggested if the tenant has been good until now it would be a good idea to have a chat with them to see if a plan can be put into place as this can be easier for you as well than trying to find a new tenant.

MEM62

Did you have the foresight to take out Landlord's insurance that includes a rent guarantee?  

[Deleted User]

MEM62 said:

Did you have the foresight to take out Landlord's insurance that includes a rent guarantee?  

That wouldn’t necessarily help. Many policies are not paying out for rent arrears incurred during COVID.