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View Full Version : Tenant 2 months in arrears - what can i do?



alfie
07-03-2009, 20:26 PM
As the title says..one of my tenants are 2 months in arrears, is there anything I can do?

jta
07-03-2009, 20:45 PM
As the title says..one of my tenants are 2 months in arrears, is there anything I can do?

Issue a S8 on g8,10, 11. after 14 days apply for a court hearing. ground 8 will result in a mandatory order if the tenant still owes 2 months rent.

alfie
07-03-2009, 20:56 PM
Thankyou.

If they don't pay up and I have to take them to court what happens? e.g. does is affect their credit score? how much does it costs etc etc.

jta
07-03-2009, 21:30 PM
I've not had to do it myself, yet, but I think it's about 150 quid. When you win they will have this added to their costs. It will result in a ccj if they don't pay up.
Good luck.

By the way, issue a S21 as well as a back up. You can issue both forms together.

jonrayworth
08-03-2009, 19:46 PM
I'm not claiming to be an expert at all, but I'm in the same boat as you.

My tenants are now 3 months in arrears, and I served them a Section 8 Notice to Quit (grounds 8, 10 & 11) a couple of weeks ago.

I subsequently found out that the eviction process could take up to 5 months, so instead I planned to bribe the tenants to leave by offering them their deposit back in full and to wipe out the arrears, as long as they left within a week.

Before I had a chance to make the offer, they called and said they've found a new house and will be gone in 2 weeks. I really hope this happens.

So hopefully, it looks like the threat of court action has shaken them up and made them realise that they've outstayed their welcome.

But the point of this post is that maybe you should think about bribing the tenants by offering their deposit back, even though they're in arrears.

You just might get your house back quicker (and cheaper) than going through the courts.

Good luck!

Paul Gibbs
09-03-2009, 12:54 PM
If it is likely the T will require local authority assistance with housing then they will not accept a 'bribe' this is only likely to work for private tenants.

The reason for this is that if they agree to leave and you waive rent arrears etc then the Local Authority will find them intentionally homeless

islandgirl
09-03-2009, 13:17 PM
if they are 8 weeks in arrears and on HB contact the council - they HAVE to pay benefit directly to you whether the tenant agrees or not

Adrian
09-03-2009, 13:41 PM
- unless, like my local council, they use the arrears as a reason to suspend the claim while they "look into it", write to the tenant to ask if there is a good reason (Pah!) why they are not paying their rent, and then, when they get no reply after 1 month, suspend the claim altogether!
LHA - great idea.
Good luck, I have also just issued s8 so hope mine move out and am tempted to bribe.

islandgirl
09-03-2009, 14:58 PM
Adrian - your council cannot do this - they are legally obliged to pay you if there was a HB claim in place. No reply means you have to get it - my tenants did not reply and I received HB backdated to the start of the suspension of the claim. They always try to wriggle out of paying (mine did too) but they have no choice!