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View Full Version : N5B just issued and tenant 'says' will pay the rent



scribbler
30-10-2009, 19:33 PM
I have just submitted the form N5B at the county court seeking possession of my property as despite efforts to contact the tenant over the last month they have not responded.

I have just received an email promising to pay the rent on monday and wondered what my next move should be.

Specifically if I am successful in obtaining the possession order do I have to implement it or if the tenant does bring the rent up to date can I allow them to stay. Will the order remain in force or will I have to go through the process again if I need to get possession at some stage in the future?

Many thanks

Scribbler

havensRus
30-10-2009, 21:59 PM
The promise to pay is probably only a ruse. When you get the money in your hand/account, then believe it. Until then, I would say continue with the possession action until you are granted it. you don't have to implement it straightaway, but use it as a stick/carrot (whichever way you want to look at it). If for example the T pays up or you come to a mutually agreeable arrangement, then don't implement. if T fail to comply, get the bailiffs in and get your property back.

Snorkerz
31-10-2009, 02:47 AM
I agree with HavensRus, with the added comment that I think if you get an order for posession you have quite a long time to enforce it.

What this means is - T pays up to date but misses rent next August. No need for a new order, you just implement the existing one - T gone in record time!

quarterday
31-10-2009, 17:56 PM
if the tenant keeps the arrears at just under two months rent, there's not much you can do mid-term other than decline to renew

jeffrey
01-11-2009, 23:19 PM
if the tenant keeps the arrears at just under two months rent, there's not much you can do mid-term other than decline to renew
Not so. L can serve a s.8 Notice on ground 10 (and 11, if applicable)- although these are discretionary grounds only.