I served a section 13 notice in Oct 2020 but due to the pandemic tenant has refused any discussion

Maxwell008

I served a section 13 notice in Oct 2020 but due to the pandemic tenant has refused any discussion regarding an increase or new a new contract, what are my options as serving a section 21 may just encourage tenant to stop paying all together as courts and ballitfs are not open for business untill god knows when  . . 

anselld

If the Section 13 was valid and correctly served and if the tenant did not object then the new rent is due.  It is not a negotiation and a new contract is not required.

So failure to pay the new rent leads to arrears and should be treated as such.  Advise the tenant of the arrears and request these be settled, issue Section 8 if and when you consider necessary, etc.

Double check the validity of the s13 first though.  The T may just be keeping quiet because they know you have made an error.

greatcrested

What's to discuss?

Did the tenant refer the S13 Notice to the Rent Assessment Committee?

If not, the new rent is due.

If the new rent is not being paid, the tenant has rent arrears.

Deal with arrears in the usual way:

* request arrears are cleared

* evict via S8 Notice

* ignore during tenancy but claim from deposit when tenancy ends

* small claims court

dimbo61

What are you hoping to achieve ?
We are in the middle of a Pandemic and any rent is better than No Rent.
I am sure you and your tenant/s can read the current situation re S21 evictions, court delays, bailiffs can't serve court eviction notice if tenant is self isolating.

Maxwell008

dimbo61 said:

What are you hoping to achieve ?
We are in the middle of a Pandemic and any rent is better than No Rent.
I am sure you and your tenant/s can read the current situation re S21 evictions, court delays, bailiffs can't serve court eviction notice if tenant is self isolating.

I do understand but I feel I am losing £150 per month in rental income compared to the current market value, and the tenant still wants repairs carried out when needed and makes requests for me Improvements the property at a cost to me, YES they are paying but it's now not enough to cover mortage and leasehold bills and repairs if and when required.

hazyjo

Maxwell008 said:

dimbo61 said:

What are you hoping to achieve ?
We are in the middle of a Pandemic and any rent is better than No Rent.
I am sure you and your tenant/s can read the current situation re S21 evictions, court delays, bailiffs can't serve court eviction notice if tenant is self isolating.

...the tenant still wants repairs carried out when needed and makes requests for me Improvements the property at a cost to me

As is their entitlement as tenants. I presume the "improvements" are necessary and not just them fancying a new carpet or new a different style of tap?

Maxwell008

hazyjo said:

Maxwell008 said:

dimbo61 said:

What are you hoping to achieve ?
We are in the middle of a Pandemic and any rent is better than No Rent.
I am sure you and your tenant/s can read the current situation re S21 evictions, court delays, bailiffs can't serve court eviction notice if tenant is self isolating.

...the tenant still wants repairs carried out when needed and makes requests for me Improvements the property at a cost to me

As is their entitlement as tenants. I presume the "improvements" are necessary and not just them fancying a new carpet or new a different style of tap?

All the above new carpet new bath room lino the flat painted all of which I have done, even a extra eclectic heaters for the winter months.   

Slithery

Maxwell008 said:

...even a extra eclectic heater...

?         

hazyjo

Maxwell008 said:

hazyjo said:

Maxwell008 said:

dimbo61 said:

What are you hoping to achieve ?
We are in the middle of a Pandemic and any rent is better than No Rent.
I am sure you and your tenant/s can read the current situation re S21 evictions, court delays, bailiffs can't serve court eviction notice if tenant is self isolating.

...the tenant still wants repairs carried out when needed and makes requests for me Improvements the property at a cost to me

As is their entitlement as tenants. I presume the "improvements" are necessary and not just them fancying a new carpet or new a different style of tap?

All the above new carpet new bath room lino the flat painted all of which I have done, even a extra eclectic heaters for the winter months.   

I meant though, did it need it? If the previous carpet was at the end of its life, or perhaps they've been there over ten or so years without you tarting it up a bit during that time, then I would expect a landlord to make such improvements. Did they ask, or was it your decision as a result of inspections? Was the heating inadequate for them to need an extra heater (which are often expensive to run)?

AdrianC

Maxwell008 said:

I do understand but I feel I am losing £150 per month in rental income compared to the current market value

What proportion of the rent is that?
How long have they been there?
When did the rent last increase?

dimbo61

It is hard being a Landlord in normal times and a bit of a nightmare over the last 3/4 years with the changes introduced by the government on Tax, Wear and Tear allowance, new regulations IE EICR ( needed ) fire safety ! GSC, Pat testing, etc

Could you look at a remortgage deal as rates are Very good at the moment ?