PLEASE READ BEFORE POSTING

Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

Help unpaid rent and how to give notice to quit???

Options
helpmeplease786
helpmeplease786 Posts: 2 Newbie
in House buying, renting & selling
Hi here is my situation

I have my house rented out on a six month AST. The tenancy is due to expire on the 1st Feb. I was in two minds about whether to continue or put the house on the market. I decided to let the tenancy roll over to a periodic tenancy and take it month by month. I am now in a situation where the tenant hasn't paid rent for this month (which was due on the 1st) and is not answering my calls or texts.

What are my next steps to reclaiming the rent and giving notice for the tenant to quit the house. Do I need to wait till the end of the AST to issue a section 21? and then give two months notice? That worries me as that would then leave me potentially with three months of unpaid rent.

Any help much appreciated. Thanks

Comments

  • Slithery
    Slithery Posts: 6,046 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Options
    * 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?
  • ThePants999
    ThePants999 Posts: 1,748 Forumite
    First Anniversary Name Dropper First Post
    Options
    You can serve a section 21 now - it needs to expire after the AST ends, it doesn't have to be served after the AST ends. Make sure you've complied with all the requirements for an s21 to be valid (EPC provided, gas safety certificate provided, "how to rent" provided, deposit protected on time, prescribed information provided on time).

    You can also serve a section 8 once the tenant is 2 months behind. No harm in doing both - the s21 in case the tenant pays some of the arrears before the court hearing (rendering the s8 invalid), the s8 in case the tenant picks a hole in the s21.

    Sadly, however, you need to be prepared for a long period with no rent - that's one of the risks with being a landlord. Evicting this tenant could take months even after the s21 expires depending on the courts, and although the tenant will legally owe you rent the whole time they're there, if they have no assets then you'll be hard pushed to collect.
  • helpmeplease786
    helpmeplease786 Posts: 2 Newbie
    Options
    Thank you, that's the advice I was after. Would there be no way of me going after the tenant after eviction for any rent arrears?

    Thanks,
  • Slithery
    Slithery Posts: 6,046 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Options
    Yes, you can go to the courts and get awarded the outstanding cash, but this means nothing if they don't have the money to pay you. For example if they're on benefits you may only get a few quid each week.
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    Combo Breaker First Post
    edited 12 January 2018 at 12:42AM
    Options
    helpmeplease786 wrote: »
    Thank you, that's the advice I was after. Would there be no way of me going after the tenant after eviction for any rent arrears?

    Thanks,
    it would be better if you read GM's guides given in the link in post 2 above. The danger with abridged versions and short answers is they can contain unintentional mistakes such as talking about being unable to serve a s21 until the AST ends.

    and yes you can still take an ex tenant to court for os rent, but whether that is going to get you the actual cash in your hand is a different matter. You may win the case, leave the ex tenant with a CCJ, but still not get any money from them.

    GM's other guides are here:
    http://forums.moneysavingexpert.com/showthread.php?t=5180214
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Options
    I too recommend you read the guides - in full (well I would, wouldn't I!).

    You really need to understand the law, what you can/can't do, and how.

    As for the S21, you must get it right. Getting one minor mistake will set you back at least 2 months and probably 3.

    This link is within the guide, but for the avoidance of doubt:

    S21 checklist (Is a S21 valid?)
  • FBaby
    FBaby Posts: 18,367 Forumite
    First Anniversary First Post Combo Breaker
    Options
    If you're lucky his intention is to leave on 1st Feb and he hasn't paid because he needed the money for a deposit elsewhere and he is counting on you just keeping the deposit to make it up for it.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    First Post Combo Breaker
    Options
    Given that you appear to not understand some of the basics of your responsibilities as a LL I also strongly recommend that you read the links in this thread. I have to wonder what else you haven't done because you weren't aware of it, which might leave you open to counter claim by the tenant. You might be best to find a way to end this as quietly as possible or find yourself even more out of pocket.

    And if you intend to continue to let the property after this tenant has left, read up on what you have to do before signing another tenancy agreement.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    Options
    helpmeplease786 wrote: »
    Hi here is my situation

    I have my house rented out on a six month AST. The tenancy is due to expire on the 1st Feb. I was in two minds about whether to continue or put the house on the market. I decided to let the tenancy roll over to a periodic tenancy and take it month by month. I am now in a situation where the tenant hasn't paid rent for this month (which was due on the 1st) and is not answering my calls or texts.

    What are my next steps to reclaiming the rent and giving notice for the tenant to quit the house. Do I need to wait till the end of the AST to issue a section 21? and then give two months notice? That worries me as that would then leave me potentially with three months of unpaid rent.

    Any help much appreciated. Thanks


    Potentially you could be facing upto 10 months unpaid!


    You can issue s.21 now. But that doesn't end the tenancy. I'd suggest giving notice of inspection and seeing if you might find the tenant there to discuss the situation.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608.1K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards