PDA

View Full Version : landlord needs help



mushroom
23-10-2009, 15:47 PM
i have a tennant who has told me she cannot pay the rent and wants me to evict her so she can be rehoused - she is a few days in arrears of the whole amount of rent - i have a assurd shorthold tennancy agreement which ran out on 20th -
what is the procedure of doing this? can anyone help me

Poppy
23-10-2009, 16:05 PM
For a start do not sign nor offer any new tenancy agreements with this tenant.

Did you take a deposit from this tenant? If so, is it protected in a scheme?

Assuming the deposit is correctly protected or none taken at all, Issue a section 21(4)(a) notice under the Housing Act 1988 seeking possession AFTER 20 January 2010. (Correct me where necessary folks.)

westminster
23-10-2009, 16:41 PM
i have a tennant who has told me she cannot pay the rent and wants me to evict her so she can be rehoused - she is a few days in arrears of the whole amount of rent - i have a assurd shorthold tennancy agreement which ran out on 20th -
what is the procedure of doing this? can anyone help me
I agree with Poppy - issue s.21 notice to expire 20th Jan 2010 (assuming rent paid monthly). Only valid if the deposit is protected, however.

Is T on benefits or employed?

Is there a guarantor for the rent?

PaulF
24-10-2009, 14:15 PM
It appears tenant is on LHA so L will need to go through the court procedure and then the bailiff! Oh joy! Possession maybe in March or April next year - perhaps?

Poppy35
24-10-2009, 18:01 PM
this is pretty much the way tenants are advised by councils to proceed.

Can council not pay you the rent direct?

landlordia
24-10-2009, 18:25 PM
has your tenants circumstances changed since they took on the lease?

do they work?

are they trying to remain amicable?

would they consider you doing this for them as being some kind of favour?

are they in a position to pay anything at the moment?

how long have they been in the property?

mushroom
26-10-2009, 20:36 PM
i have a tennant who has told me she cannot pay the rent and wants me to evict her so she can be rehoused - she is a few days in arrears of the whole amount of rent - i have a assurd shorthold tennancy agreement which ran out on 20th -
what is the procedure of doing this? can anyone help me


she has been in property for 2 years - she has now changed jobs and cannot afford the rent - she can only pay 91.22 every fortnight which doesnt cover the rent - she wants me to evict her so she can be rehoused by the council

jta
26-10-2009, 20:45 PM
It appears tenant is on LHA

Where do you get that from Paul? I see no mention of it. :confused:

landlordia
27-10-2009, 21:21 PM
i would be looking to keep this as amicable as possible, take as much rent off her as you can get (anything is better than nothing), begin eviction process immediately but i would also imagine keeping her onside at the moment might benefit the time frames given that your doing what she wants you to. Deal with the rent shortfall once she is out. This is my thoughts only but obviously legal help required.

mushroom
09-11-2009, 16:48 PM
she has been in property for 2 years - she has now changed jobs and cannot afford the rent - she can only pay 91.22 every fortnight which doesnt cover the rent - she wants me to evict her so she can be rehoused by the council

I have the depost protected and have now served her a Section 21 - she is sort of paying 91.22 housing to me every other week - has missed 1 week now - but she wants me to use the deposit to pay for a months rent - but that would mean at the end of the Section 21 on 19th January 2010 there would be no deposit left for me to take out for repairs or damages if needed - anyone got any suggestions?? Also she is now in arrears as rent was due on 20th Oct and owes about £320 the got rent due on 20th Nov and 20th Dec before Section 21 ends.

PaulF
09-11-2009, 16:57 PM
Keep the issues regarding the deposit and the rent entirely separately as they are not one of the same thing. You are not obliged to use any of the deposit to subidise a shortfall in rent and suggest you keep it that way.

westminster
09-11-2009, 17:15 PM
she wants me to use the deposit to pay for a months rent - but that would mean at the end of the Section 21 on 19th January 2010 there would be no deposit left for me to take out for repairs or damages if needed - anyone got any suggestions??
This is assuming she actually moves out on 19th Jan 2010. If T is aiming to be evicted, then she won't move out and you'll have to obtain a possession order after the s.21 expires.

How much rent is actually unpaid? If it's equivalent to two months due and unpaid, then you can issue a s.8 notice and evict sooner.

Tell the T you can't "use" the deposit for rent as it's protected, and can only be formally released to you to pay for arrears etc after the end of the tenancy. Just so T understands that the deposit doesn't entitle her to build up arrears.

I would also advise the T that you intend to pursue her for all rent arrears, on the off-chance this encourages her not to wait to be evicted. Spell out the implications of a CCJ's effect on her credit rating. And if she can't afford the rent, why hasn't she applied for housing benefit/LHA??


Also she is now in arrears as rent was due on 20th Oct and owes about £320 the got rent due on 20th Nov and 20th Dec before Section 21 ends.
By the time the T goes, you will probably end up with a debt of rent arrears and a CCJ against the tenant. The good news is that she's working, albeit on a low wage, so you can enforce the CCJ with an attachment of earnings, and get repaid in installments (which might take a while, but at least you get your money in the end).

chappers2341
10-11-2009, 18:04 PM
I would be very careful here she may be trying it on trying to get some free time here.
If she has asked the council to be rehoused they will advise her to stay put and wait for you to go down the court route
You could try issueing a section 8 now on the grounds of unpaid rent stating that she is already 2 months behind, this would save you a couple of months of the process.If she doesn't contest your claim then it will prove she is genuine, if she contests it it would show she is trying it on.

I think you are in a no win situation here, she has already told you she can't/won't pay the rent and the council are going to advise her to stay put, You will just have to go down whichever eviction process you choose, you could say to her you will agree if she agrees to say she is 8 weeks in arrears and get her HB paid direct to you and then go down the section 21 followed by court route at least you will be sure of getting some of your rent.