Section 21 Claim form for possession.

[Deleted User]

Hi All,

Edited my first post, instead of reposting again. 

This is only 3 months of a 12 month AST tenancy.

Rent due on the 30th of each month, February was 28 days. When should I expect to receive rent?

I messaged my tenant today as we are now in March, UC will pay £500 tomorrow and  pending balance of £1100.

The tenant is constantly making payments late. Last month was a week late and I had to write a letter to her. 

Has anyone had a similar experience? What does one do in such a situation?

The tenant is working, hence the reduction in UC payments. They have informed me the tenant is responsible for the shortfall. 

Thrugelmir

Welcome to the world of business where people are great actors and often not what they seem. 

canaldumidi

You have a choice.

* Be understanding and discuss/agree a payment plan and/or drop in the rent, or some other arrangement that will allow your tenant to remain, and manage, whilst you maximise your rent received, or

* Serve a S8, evict and re-advertise.

If the latter you could serve S8 (G10) immediately and leave it to the court's discretion, or wait till arrears are 2 months+ and serve S8 (G8) which leaves the court with no discretion.

GDB2222

If you do serve a notice, the tenant may decide to stop paying altogether.

Also, if the landlord receives the UC direct, does she become liable to return any overpaid amounts?

[Deleted User]

Thrugelmir said:

Welcome to the world of business where people are great actors and often not what they seem. 

Was a shuck when the penny dropped. 

[Deleted User]

canaldumidi said:

You have a choice.

* Be understanding and discuss/agree a payment plan and/or drop in the rent, or some other arrangement that will allow your tenant to remain, and manage, whilst you maximise your rent received, or

* Serve a S8, evict and re-advertise.

If the latter you could serve S8 (G10) immediately and leave it to the court's discretion, or wait till arrears are 2 months+ and serve S8 (G8) which leaves the court with no discretion.

Thank you for the response.

The rent has already dropped by £700 currently and not covering the mortgage, BG homecare, home insurance etc. when i found out about the drop in UC from £1200 to £500 she mumbled on the phone she informed the council she could not afford the property. I was in shock. 

Need to read more into S8 (G10) only been there for 2 months and forsee stress and problems because every month i am not at ease with the uncertainty if she will make payment or not.

I have been researchin online and they make it seems that the section 8 is not strong enough and section 21 is better but will be minimum 6 months says after 4 months and 2 months’ notice period.  Because the tenant has been dishonest disclosing wrong information to get a higher benefit when in reality she cannot afford the rent, although the working children should be contributing it seems she has no intention of been honet now. Will look more into S8 (G10) and S8 (G8) Thanks. 

Slithery

GDB2222 said:

Also, if the landlord receives the UC direct, does she become liable to return any overpaid amounts?

I believe that the LL is liable for any overpayments and has to return them - even if it was the tenant that gave false information.
It's then up to the LL to go through the deposit scheme or small claims court if they want to try and recover the money.

[Deleted User]

GDB2222 said:

If you do serve a notice, the tenant may decide to stop paying altogether.

Also, if the landlord receives the UC direct, does she become liable to return any overpaid amounts?

That is a concern that she might stop paying.

It will be hard, but need to plan the best way forward.
She has only paid £400 this month and currently £700 in arrears.
Not sure how this will continue for the next 10 months. Been draining talking/messaging a professional cheat and liar. Like playing the system. 

Think they are already collecting overpayment from her she mentioned a small amount they have told her to pay back and that she does not understand why bla bla.

This month's direct payment has already been reduced so think they have taken into account the true circumstance.

GDB2222

Zoe02 said:

canaldumidi said:

You have a choice.

* Be understanding and discuss/agree a payment plan and/or drop in the rent, or some other arrangement that will allow your tenant to remain, and manage, whilst you maximise your rent received, or

* Serve a S8, evict and re-advertise.

If the latter you could serve S8 (G10) immediately and leave it to the court's discretion, or wait till arrears are 2 months+ and serve S8 (G8) which leaves the court with no discretion.

Thank you for the response.

The rent has already dropped by £700 currently and not covering the mortgage, BG homecare, home insurance etc. when i found out about the drop in UC from £1200 to £500 she mumbled on the phone she informed the council she could not afford the property. I was in shock. 

Need to read more into S8 (G10) only been there for 2 months and forsee stress and problems because every month i am not at ease with the uncertainty if she will make payment or not.

I have been researchin online and they make it seems that the section 8 is not strong enough and section 21 is better but will be minimum 6 months says after 4 months and 2 months’ notice period.  Because the tenant has been dishonest disclosing wrong information to get a higher benefit when in reality she cannot afford the rent, although the working children should be contributing it seems she has no intention of been honet now. Will look more into S8 (G10) and S8 (G8) Thanks. 

You realise that serving the notice is just to start the process. You then have to issue court proceedings.

You cannot issue S21 to expire before the end of the fixed term of the tenancy.

GDB2222

You said the tenant is a medical professional. Can you be more specific? 

[Deleted User]

GDB2222 said:

Zoe02 said:

canaldumidi said:

You have a choice.

* Be understanding and discuss/agree a payment plan and/or drop in the rent, or some other arrangement that will allow your tenant to remain, and manage, whilst you maximise your rent received, or

* Serve a S8, evict and re-advertise.

If the latter you could serve S8 (G10) immediately and leave it to the court's discretion, or wait till arrears are 2 months+ and serve S8 (G8) which leaves the court with no discretion.

Thank you for the response.

The rent has already dropped by £700 currently and not covering the mortgage, BG homecare, home insurance etc. when i found out about the drop in UC from £1200 to £500 she mumbled on the phone she informed the council she could not afford the property. I was in shock. 

Need to read more into S8 (G10) only been there for 2 months and forsee stress and problems because every month i am not at ease with the uncertainty if she will make payment or not.

I have been researchin online and they make it seems that the section 8 is not strong enough and section 21 is better but will be minimum 6 months says after 4 months and 2 months’ notice period.  Because the tenant has been dishonest disclosing wrong information to get a higher benefit when in reality she cannot afford the rent, although the working children should be contributing it seems she has no intention of been honet now. Will look more into S8 (G10) and S8 (G8) Thanks. 

You realise that serving the notice is just to start the process. You then have to issue court proceedings.

You cannot issue S21 to expire before the end of the fixed term of the tenancy.

Ok thanks.

The tenancy has a break clause that if rent is late by 14 days.not sure if this helps, idealy would have prefered to sort this out without the long court process but gut feeling telling me things might get even worse.

If at any time:- 

 any part of the Rent is outstanding for 14 days after becoming due (whether formally demanded or not) and/or 

 there is any breach, non-observance or non-performance by the Tenant of any covenant or other term of this Agreement which has been notified in writing to the Tenant and the Tenant has failed within a reasonable period of time to remedy the breach and/or pay reasonable compensation to the Landlord for the breach and/or

 any of the grounds set out as Grounds 2, 8 or Grounds 10-15 (inclusive) (which relate to breach of any obligation by a Tenant) contained in the Housing Act 1988 Schedule 2 apply, the Landlord may recover possession of the Property and this Agreement shall come to an end. The Landlord retains all his other rights in respect of the Tenant's obligations under this Agreement. Note that if anyone is living at the Property or if the tenancy is an assured or assured shorthold tenancy then the Landlord must obtain a court order for possession before re-entering the Property under the Housing Act 1988. This clause does not affect the Tenant’s rights under the Protection from Eviction Act 1977.