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nfisher
05-11-2009, 21:46 PM
Dear All


Thanks for taking time to read this message
I have a question which all landlords all concerned about.

I have a flat that is rented out under one year shorthold tenancy agreement.

The tenants are continually not paying the rent on time and I have to continually remind them and told them its serious.

This is also a recent contract and I worry that this is going to continue going forward. I am very concerned about this and under the terms of the contract this is a non-performance of the contract.

Its before the six months break clause period, but I would like to end the contract as the risk is on me going forward that they will not pay on time or at all.

How long is the legal vacancy notice to the tenant under the terms of ‘’non-performance ‘’ of the contract before the standard six months break clause.

As all landlord all know that if the rent is not pay on time it worry having someone who in the property and living for free after you have made so much efforts to the tenants and keeping the property in a good order / condition.

Please kindly advise

Thank you

Snorkerz
05-11-2009, 22:23 PM
Are we to assume this is an "Assured Shorthold Tenancy" in England or Wales?

If so, you can try to evict under section 8 of the 1988 Housing Act using ground 11. However, be aware that the judge has to consider the circumstances and may not grant you possession.

More reliable would be to issue a section 21 notice requiring possession at the end of the 6 months, providing the break clause gives you the right to break as well as the tenant.

mind the gap
05-11-2009, 22:54 PM
As all landlord all know that if the rent is not pay on time* it worry having someone who in the property and living for free** after you have made so much efforts to the tenants and keeping the property in a good order / condition.

Please kindly advise

Thank you

Do you mean that they haven't paid the rent at all**, or that they always pay it, but late*?

nfisher
05-11-2009, 23:05 PM
Yes england & Wales please see the terms,

The term seems to conclude that non-payment of rent is a breach and subsequently this contract will come to an end.

There is any breach, non-observance or non-performance by the Tenant of any covenant or other term of this Agreement which has been notified in writing to the Tenant and the Tenant has failed within a reasonable period of time to remedy the breach and/or pay reasonable compensation to the Landlord for the breach and/or


Any of the grounds set out as Grounds 2, 8 or Grounds 10-15 (inclusive) (which relate to breach of any obligation by a Tenant) contained in the Housing Act 1988 Schedule 2 apply, the Landlord may recover possession of the Property and this Agreement shall come to an end. The Landlord retains all his other rights in respect of the Tenant's obligations under this Agreement. Note that if anyone is living at the Property or if the tenancy is an assured or assured shorthold tenancy then the Landlord must obtain a court order for possession before re-entering the Property under the Housing Act 1988. This clause does not affect the Tenant’s rights under the Protection from Eviction Act 1977.

Snorkerz
05-11-2009, 23:32 PM
http://www.opsi.gov.uk/acts/acts1988/ukpga_19880050_en_14#sch2

Schedule 2, Part II, which covers grounds 9 onwards, states "Grounds on which Court may order possession". That is MAY, not MUST. The only compulsory grounds are 1 - 8 which are in Part I of the same schedule.

mind the gap
06-11-2009, 06:58 AM
The term seems to conclude that non-payment of rent is a breach and subsequently this contract will come to an end.
I]

Yes, but in practice it depends whether they have paid the rent late, or haven't paid it at all.

If they have just been paying it late every month, then you probably will not be able to make them leave under section 8, whatever it says in your contract. (It is in theory possible, but not to be relied upon).

If they owe you more than 2 months' rent, then you almost certainly will be given a court order for possession which means you can make them leave.

As Snorkerz says, if the fixed term has passed, it is probably easier to use section 21 notice, where permission to get them should be 'automatic' (on application to the court).

Telometer
06-11-2009, 10:08 AM
Alternatively, it appears they pay the rent perfectly well. Whilst it may be slightly irritating that it's always a few days late, it's a hell of alot better than having a void.

Not everybody is as organised as some others.

mind the gap
06-11-2009, 10:15 AM
I agree. If you get rid of tenants who pay, just not on the day you originally agreed, you could end up with even worse ones who don't pay at all :eek:

Poppy
06-11-2009, 10:55 AM
I agree that it is annoying that your tenants pay their rent late, although by the sound of it in full.

Does the tenant have a current account? Have they set up a standing order to pay? May I suggest that you physically take a standing order mandate to the let property and have your tenants fill in and sign it, then you take responsibility for getting/posting it to the tenant’s bank.

If you feel that you want them out at the end of the fixed term, then you need to serve a section 21 notice. Have you taken a deposit? If so, have you protected it?

mind the gap
06-11-2009, 11:28 AM
Until OP clarifies, I do not think we can know for certain whether Ts are paying late, or defaulting completely. He refers to their 'needing to be reminded' and to 'living for free'.

I'm still not sure what the rent situation is.

jeffrey
06-11-2009, 11:48 AM
If T has not yet paid all due rent in full, we also need to know whether- as at now- the amount that T owes is:
a. equal to (or more than) two months' rent; or
b. less than that.