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View Full Version : T now in arrears- help, please



FUBAR
05-03-2010, 20:55 PM
hi folks hows everyone doing?

I let a flat out back end of last year (21st of November) and up to now the new tennant had been 'ok' paying rent.
He was £20 short last month but after a quick telephone call assuring me this would go in with next months rent I was okay with this and there was no problems.
Low and behold the rent was due on the 21st of Feb and guess what, no rent.
Then a phone call of promise for payment tomorrow (This was last night - and he sounded highly intoxicated on something slurring every word and not making too much sense). No surprise no rent as of 12 o clock this afternoon.

Then a phone call from T asking for my bank details so he can pay in part of the rent and pay the rest monday as he'd been 'robbed' the night before apparantly.
Low and behold, no rent made it to the account.

I've written out the section 21 and the bond is insured.
Unfortunately I will have to wait till May before the 6 month Assured short hold tenancy expires via the section 21.
The council are paying me his housing allowance direct.

What I wanted to ask;

I had a tradesman down at the flat today to carry out a smoke alarm test. (apparantly they hadn't been working - kept beeping - Yep the battery simply needed replacing, despite me informing the tenant of this he was adement there was a problem)
Any way the tradesman who attended the property is also a friend and he informed me on the telephone afterwards that there was rather a strong smell of what he thinks is cannabis in the property? He's not 100% as neither of us have had dealings with it but thinks it could well have been?
Basically what do I do? I am assuming I have a legal obligation to inform the police?
But I am also wondering if this would help on any grounds to evict the tennant sooner than the expiry of the section 21/tennancy?
I can't say I know a lot about drugs or cannabis so I don't know if he is mearly taking it or even possibly growing it? Not sure I would even recognise the smell my self so not entirely sure what to do?
I would assume both counts (smoking and growing) are quite serious but obviously cultivating it is surely big trouble?

Any way any advice and guidence on this would be greatly appreciated?

mind the gap
05-03-2010, 21:02 PM
hi folks hows everyone doing?

I let a flat out back end of last year (21st of November) and up to now the new tennant had been 'ok' paying rent.
He was £20 short last month but after a quick telephone call assuring me this would go in with next months rent I was okay with this and there was no problems.
Low and behold the rent was due on the 21st of Feb and guess what, no rent.
Then a phone call of promise for payment tomorrow (This was last night - and he sounded highly intoxicated on something slurring every word and not making too much sense). No surprise no rent as of 12 o clock this afternoon.

Then a phone call from T asking for my bank details so he can pay in part of the rent and pay the rest monday as he'd been 'robbed' the night before apparantly.
Low and behold, no rent made it to the account.

I've written out the section 21 and the bond is insured.
Unfortunately I will have to wait till May before the 6 month Assured short hold tenancy expires via the section 21.
The council are paying me his housing allowance direct.

What I wanted to ask;

I had a tradesman down at the flat today to carry out a smoke alarm test. (apparantly they hadn't been working - kept beeping - Yep the battery simply needed replacing, despite me informing the tenant of this he was adement there was a problem)
Any way the tradesman who attended the property is also a friend and he informed me on the telephone afterwards that there was rather a strong smell of what he thinks is cannabis in the property? He's not 100% as neither of us have had dealings with it but thinks it could well have been?
Basically what do I do? I am assuming I have a legal obligation to inform the police?
But I am also wondering if this would help on any grounds to evict the tennant sooner than the expiry of the section 21/tennancy?
I can't say I know a lot about drugs or cannabis so I don't know if he is mearly taking it or even possibly growing it? Not sure I would even recognise the smell my self so not entirely sure what to do?
I would assume both counts (smoking and growing) are quite serious but obviously cultivating it is surely big trouble?

Any way any advice and guidence on this would be greatly appreciated?

Serve a section 21 notice immediately to expire on 21st May and 8 ground 8 notice requiring possession as soon as there are two months' rent owing but unpaid. This will presumaby be on 21st March if he does not pay any more before that date.

You could report your suspicions about cannabis to the police, but to be honest, unless you have hard evidence of illegal activity, you cannot really use it as the basis for evicting your T. You are best to rely on your s8 or s21.

FUBAR
07-03-2010, 19:34 PM
Serve a section 21 notice immediately to expire on 21st May and 8 ground 8 notice requiring possession as soon as there are two months' rent owing but unpaid. This will presumaby be on 21st March if he does not pay any more before that date.

You could report your suspicions about cannabis to the police, but to be honest, unless you have hard evidence of illegal activity, you cannot really use it as the basis for evicting your T. You are best to rely on your s8 or s21.



Many thanks for your help Mind the gap, it is much appreciated.

I was probably very wrongly informed that Mis-use/use of drugs was about the only time you could 'black bag' a tennant and change the locks. However i imagine there is probably no scenerio where you can 'black bag' them?

The devloping problem i have now is getting hold of the tennant. I accessed the flat yesterday after trying to contact him on his phone btu it was switched off.
I went in all hoope of trying to resolve things but no one was there. I simply entered the property and put the notice in a sealed envelope on the stairs.

Ive been persisting trying to contact him but phone is permanently off.
What do i do next?
For example how long do you leave it before you deam the tenant to be no longer residing there or simply done a runner owing the rent?

mind the gap
07-03-2010, 20:42 PM
Sorry, I have just realised that the council are paying his rent to you - it would be worth checking with them whether they think he is still living there. If he has left and is claiming benefit for another property, the council may ask you to repay some of what they have paid you.

Even if he has left, you cannot safely go in and regain possession without following the due legal process. If you cannot contact him to sign a surrender document, you will have to get a court order.

FUBAR
08-03-2010, 19:46 PM
Sorry, I have just realised that the council are paying his rent to you - it would be worth checking with them whether they think he is still living there. If he has left and is claiming benefit for another property, the council may ask you to repay some of what they have paid you.

Even if he has left, you cannot safely go in and regain possession without following the due legal process. If you cannot contact him to sign a surrender document, you will have to get a court order.



Many many thanks for the advice you've been post helpful.
I will keep you posted on how it develops.