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View Full Version : Procedure Help - Tenant in arrears



Hay
24-10-2009, 09:20 AM
Hello all.

I have read through many of the threads but quite can't find the exact answer I am looking for.

Some Details
--

- I have a tenant who has defaulted on payment. Monthly Rental is £500. They underpaid by £100 in August, £300 in September and £100 in October so far.

- They are on benefits (400 of the rent is paid to them ny benefit so they only have to find 100 a month) and we have a secured depost with DPS which would cover 1.5 months rent.

- They are outside the fixed AST term of 6 months.

- There is a possiblitythat they are breaching the contract by smoking on the premises, and we have heard from a neighbour that they have removed a wall in the garden. None of these were authorised. I am attending a house inspection today (of which 24 hours written notice was given).

- I am uneasy with this tenant and their current pattern of defaulting, and have recently found out through a contact that they are looking for other properties (i.e. possibility of jumping ship).

I have feel I have two options:-

1) Keep chasing the tenant (which I have been every week) and also write to their benefits and ask them to support and rectify the situation.

2) Remove the tenant as quickly as possible. Possible grounds being breach of contract and rent arrears.

Can anyone help me as to the exact and best procedure for moving forward with this problem?

mind the gap
24-10-2009, 09:44 AM
Hello all.

I have read through many of the threads but quite can't find the exact answer I am looking for.

Some Details
--

- I have a tenant who has defaulted on payment. Monthly Rental is £500. They underpaid by £100 in August, £300 in September and £100 in October so far.

- They are on benefits (400 of the rent is paid to them ny benefit so they only have to find 100 a month) and we have a secured depost with DPS which would cover 1.5 months rent.


- They are outside the fixed AST term of 6 months.

- There is a possiblitythat they are breaching the contract by smoking on the premises, and we have heard from a neighbour that they have removed a wall in the garden. None of these were authorised. I am attending a house inspection today (of which 24 hours written notice was given).

- I am uneasy with this tenant and their current pattern of defaulting, and have recently found out through a contact that they are looking for other properties (i.e. possibility of jumping ship).

I have feel I have two options:-

1) Keep chasing the tenant (which I have been every week) and also write to their benefits and ask them to support and rectify the situation.

2) Remove the tenant as quickly as possible. Possible grounds being breach of contract and rent arrears.

Can anyone help me as to the exact and best procedure for moving forward with this problem?


You'll have a better idea when you have seen the property. However, I do not see why you cannot do both, since at least if the LHA can be paid to you directly and some arrangement made for arrears to be credited to you (but don't hold your breath on this), you may not be so badly out of pocket by the time you can legally get the T out.

If they do not leave of their own accord (which might be the least stressful option!), this will take time since you can serve a section 21 notice now (to expire in no less that 2 months' time but at end of a rent period), or a section 8 as soon as the rent owed totals at least 2 full months' worth, which it does not seem to, yet. So either way, T is going to be there for another few weeks yet - possibly a few months. So I would definitley pursue the LHA option as well.

Make sure you have all the evidence you need (photos, neighbour's signed statements, etc) to justify the deductions to their deposit (which is presumably in a scheme?)