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Dec, 2014

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Thread: what to do next

  1. #1
    Join Date
    Apr 2011
    Location
    Epping
    Posts
    14

    Default what to do next

    Hello

    Last September I gave a tenant two months notice that I was going to increase the rent. This is only the second increase in 10 years! the last one was two years ago.

    The tenant is normally about 7 weeks late with rent but has in fairness always kept the flat really nice and has been very little trouble.

    The tenant has refused to pay the increase and has said he wants to leave, however when I asked for offical notice by email or letter he refused to do so, So I served the S21 to try and bring things to a head.

    Since I served it he refuses to communicate, will not answer the phone and has not paid any rent so now about 10 weeks late.

    I am of the opinion that he will abscond when the S21 is due to expire, or after I get a possession notice served and by then I will be about 4-5 months out of pocket.

    Would it be seen as harrassment if (1)I were to send a rent demand (2) if I issued CC proceedings now, as I will soon no doubt not know where he lives? what would you do to try and get the outstanding rent or (3) gave hime notice that I would be visiting the property with a letting agent?


    What would you do??

    Thanks for any help

  2. #2
    Join Date
    Nov 2010
    Posts
    5,531

    Default

    I assume tenancy is a periodic AST.
    Did you use the prescribed s.13 notice to give notice of rent increase?
    ⊂ Unsuitable for nut allergy sufferers ⊃

  3. #3
    Join Date
    Oct 2006
    Posts
    7,679

    Default

    Anything can be "seen" as harrassment by certain parties.

    I would send them a rent statement pointing out his arrears.
    What (if anything) does your tenancy agreements say about rent increases?
    How much is the rent, and how often is it payable?
    Stalkers, please go over this comment with a fine tooth comb.

  4. #4
    Join Date
    Feb 2011
    Location
    North of 'up north' but south of the border
    Posts
    742

    Default

    I think you may have answered your own question. The tenant has always been late, but is now over 8wks/2months in arrears. Refuses to pay the increase and has ceased contact.
    You have a verbal intention of leaving with no evidence to terminate.
    As long as you're not banging on the door at midnight then harassment is unlikely. Send a strongly worded reminder,issue the correct notices pending court action and go ahead with a possession hearing. At least this will award a money judgment and a possession date which can be enforced later. Highly unlikely you'll ever actualy see your money, but you now need to concentrate on getting your property back.
    I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.

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