Tenant in arrears with no deposit and no guarantor

MaryNB

BlueC said:

TBagpuss said:

I don't see that a reference at this stage would be of much help.

You could however issue the s8/s21 but then agree to withdraw it if / when  she clears the arrears, provided that she provides a deposit

That's an interesting idea. Anyone any comment on it? It feels a bit like it could be perceived as blackmail!

You're just offering them a way out of eviction. It's more an offer of goodwill rather than a threat. If a tenant doesn't pay their rent eviction proceedings are to be expected. You're just saying you'll stop the process if they manage to clear their arrears, giving them another chance and a way out of eviction which not all landlords will do. Paying back arrears invalidates an S8G8 but not an S21. 

BlueC

theartfullodger said:

As you are not original landlord, have you served notice(s) compliant with S48 and s3?  If not...

- no rent due anyway so no arrears at all (until served) - S48....
- possible fines and criminal offence (s3).

Have served them please?

Yes these were served by the agent on the day we took over the tenancy.

Brie

The one thing that occurs to me if the tenant was asked for a guarantor is that it will make them stop and thing about the situation they are in and know that the landlord doesn't want it to be repeated.  Of course issuing also makes them look serious but may also make them look mean (compared to their previous lovely landlord?).   But I am not a landlord as I wouldn't be able to manage things like this in a business like manner.

MaryNB

Brie said:

The one thing that occurs to me if the tenant was asked for a guarantor is that it will make them stop and thing about the situation they are in and know that the landlord doesn't want it to be repeated.  Of course issuing also makes them look serious but may also make them look mean (compared to their previous lovely landlord?).   But I am not a landlord as I wouldn't be able to manage things like this in a business like manner.

But it's completely unenforceable. The tenancy already exists. The landlord cannot force the tenant to get a guarantor, even if they found a mug to agree to do it. At most the landlord can tell the tenant they'll issue an S21 and seek to end the tenancy if the tenant doesn't get a guarantor but if they might as well just be direct and say they'll issue an S21 and S8 unless the arrears are cleared. 

anselld

BlueC said:

DE_612183 said:

is the £800 missed a previous months payment ( which month ) - has she paid subsequent months but not just the arrears?

£800 was missed. 3 month plan agreed. Paid back £200 in first month but only normal rent in month 2. So not fallen deeper into arrears but not met the repayment plan agreed.

I can tell you in my experience this is the start of a slippery slope.  The longer you travel in hope the bigger the bill will be when you finally regain control of your property.  The Agent is correct to recommend s8 notice immediately.   The Tenant still has time to recover the situation if that is your hope.  

3card

You really need to take your feelings out of this one and issue the relevant sections 8 (G10 & 11) along with the Section 21 and once the arrears get to 2 months value in rent issue a section 8 G8.
If they do sort out the arrears you can withdraw the sections but i would be tempted to leave them hanging as they are valid for a period of 6 months & 12 months (forgot which one is which)

I agree with the previous poster that this looks like the start of a long journey of rent arrears every now and again

The threat of the notices may well open their eyes and sort themselves out - fingers crossed 

deannagone

I wonder if paying £200 a month on top of rent was setting the repayments too high?  Personally I'd have a conversation with the tenant (I wouldn't leave it up to the LA, they obviously haven't done the previous owner nor yourself any favours) about their financial circumstances, income, what repayments can they afford etc.  If they won't do this, then they have to be given notice as mentioned above.

Ratkin007

Did the tenant tell the agent they would not be able to make the additional payment for the arrears or did they just not pay it.  May be an indicator on whether actually trying to keep agreement. 
I know it wasn't the question asked but have you looked into whether the area is covered by selective licensing. 

[Deleted User]

1. The tenant failed to make a payment of rent
2. The tenant failed to keep to a repayment plan that they agreed to.
That tips it over the edge for me.

S8 & S21. Even if they somehow catch up I think you should proceed with s21 and preferably negotiate the surrender of the tenancy. It is also important that they understand that none of this is an invitation not to pay rent. 

canaldumidi

3 pages of posts and overall the advice is

* serve a S8 and S21, and

* discuss & negotiate with T, then

* evict unless agreement is reached and abided by (action not words...)

But you should consider not only whether to keep this T, but whether to keep the agent. You're paying them, what? 10% 12%?15%? and they've hardly proved themselves to be reliable.....

Post 9: Letting agents: how should a landlord select or sack?