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peterdo
25-01-2008, 12:57 PM
My tenant has not paid her rent this month. Was due on the 18th January so currently one week late. Spoke to tenant on 3 ocassions this week and been reassured that the money would be put in the bank by today, phoned tenant again today onlt to be told it would now be Monday (excuse about where money was coming from has changed as well!)

Now, I really dont want to have to rock the boat as I cant be arsed advertising and finding a new tenant and all the costs therein, however, I cant afford the rent not being paid either.

Tenant is on a periodic tenancy, would it be wise to issue notice to quit (on the basis it will be withdrawn upon rent being paid) as we are now less than a month away from S8 territory....

Maybe I should have bought that rent guarantee insurance!

Pete

johnboy
25-01-2008, 14:37 PM
Or got a guarentor

peterdo
25-01-2008, 14:53 PM
The LA did the affordability and vetting processes etc and found no reason to include a guarantor, I get a bad feeling T has lost their job, going to ask them outright on Monday...at least I will know where I stand then.

Also have the moral dilemma of single mother with 2 kids...

Pete

Poppy35
25-01-2008, 18:28 PM
as a LA we do letters on day 7, 14, 21 and 28 etc if the rent is late.

contact your la for advice, thats my advice!

good luck.

peterdo
25-01-2008, 18:58 PM
Hi Poppy,

Ditched the LA as they weren't worth the £130 per month they were getting...oops!

If the money doesnt show up on Monday, its going to have to be the recorded delivery I think.

Pete

Surrey
26-01-2008, 12:55 PM
You can write a letter reminding the tenant of her liability, reminding her what the rent date is, how much is now overdue, and what will happen if she does not pay her rent by the end of the week.

Rather than issuing a notice to quit now, use that as the stick to hold over her head unless she pays, as the date by when you would have to issue it by is in February.

If she has not paid the overdue rent by the time you state she must, then you may have to issue a S21(4)(a) which will allow you to start proceedings after 17th March, although if she still does not pay by 19th Feb you can then issue a Section 8.

Beeber
26-01-2008, 13:27 PM
Also have the moral dilemma of single mother with 2 kids...

Pete

General advice is not to feel sorry for tenants. Letting property is a business, not a branch of social services. Tenant has legal/moral obligation to pay rent.

However, if you search the forum, you will find out that evicting Housing Benefit claimants can be harder than working tenants since if they seek assistance/advice from their local council when they receive notice from the landlord, they can be instructed to remain in the property until the landlord has obtained a court order, otherwise they will be deemed to have made themselves intentionally homeless by leaving ahead of the eviction.

If arrears increase to include the second month rent, too, research S8 and use it to back up your S21 as if the tenant owes 2 months rent at the time of the court hearing, the judge has to award possession as it's a mandatory ground.

Make sure your paperwork is perfect - you don't want to reach court only to have it thrown out because you completed it incorrectly as it will take months more to get the eviction sorted.

Esio Trot
26-01-2008, 13:42 PM
You are already a bit late as the tenant should have had a letter within a couple of days of it being overdue.

However, the first letter is not a demand, but is what I term a "courtesy letter".

It more or less says that we are sure it is an oversight/bank error/whatever and could she look into it urgently and say what has happened.

As in all letters it should be structured:

Reason for writing
The narrative of the reason
The response needed - i.e. to reply/contact within x days.

The last bit is important, as this sets up your time scale for the next letter if needed: this will be the formal demand.

Ericthelobster
26-01-2008, 16:56 PM
You are already a bit late as the tenant should have had a letter within a couple of days of it being overdue.

However, the first letter is not a demand, but is what I term a "courtesy letter"If you write a letter as soon as that, do you include an admin fee for writing it? Or do you start adding admin fees later?

I favour contacting by phone early on, especially if it's a 'first offence', and then formalising it with a (charged-for) letter a little later - especially if the tenant promises on the phone to pay by the end of the week or whatever date and then doesn't.

peterdo
27-01-2008, 19:59 PM
Thanks for the replies, hopefully the cash turns up tomorrow, if not, I will go down the "formal" route.

Pete

Esio Trot
28-01-2008, 08:32 AM
If you write a letter as soon as that, do you include an admin fee for writing it? Or do you start adding admin fees later?

The letter, part of it reproduced below just highlights that we can, and will, in future.


Because of the extra work and staff time caused, it is normal practice in this office to charge for all letters that are sent, telephone calls made and any necessary visits conducted regarding any breach of the tenancy. This is specifically allowed for in the agreement you signed. In addition, interest is levied should the rent, and any other charges, not be paid by cleared funds within seven days of the due date.

You will no doubt be pleased to note that on this occasion we have not charged for this letter. However, this is the only time where you will be given this courtesy.

peterdo
28-01-2008, 17:03 PM
You can write a letter reminding the tenant of her liability, reminding her what the rent date is, how much is now overdue, and what will happen if she does not pay her rent by the end of the week.

Rather than issuing a notice to quit now, use that as the stick to hold over her head unless she pays, as the date by when you would have to issue it by is in February.

If she has not paid the overdue rent by the time you state she must, then you may have to issue a S21(4)(a) which will allow you to start proceedings after 17th March, although if she still does not pay by 19th Feb you can then issue a Section 8.

If I was to issue a S21 say as of Friday 1st February, would that then require possession after 2nd April?

Ericthelobster
28-01-2008, 17:25 PM
The letter, part of it reproduced below just highlights that we can, and will, in future.I like it - I'll pinch that wording if I may!!