topshelf Posted February 3, 2016 Report Share Posted February 3, 2016 Advice / your thoughts please , I rented a house on 9th sept 2015, took cash payment for rent and receipt was given, bond placed in DPS gas cert given and EPC, Tenancy agreement states first payment by bank transfer due 12th Oct 2015, first payment made on time for Oct, remaining months always late and in some times split, tenant owes for 12th January 2016, Options section 21 a or b ? or await for her to default into two months arrears ? Im sure many of you are saying that's not too bad but as this is the first time its happened to me I want to know my options. Thanks Topshelf Link to comment Share on other sites More sharing options...
Grampa Posted February 4, 2016 Report Share Posted February 4, 2016 I think the first thing you need to do is have a sensible discussion with the tenant to find out the reasons for late payment. Then we can advise further. Is there a guarantor in place? Link to comment Share on other sites More sharing options...
topshelf Posted February 4, 2016 Author Report Share Posted February 4, 2016 No guarantor in place . The discussions I have with her are always after the event has happened, she comes out of work and I find out 4 weeks later about it, when I ring to chase the 2 weeks overdue rent , this then gets paid, and then when im chaseing the next months rent she asks me to fill in the housing benifit forms as she cant find the tenancy agreement I gave her. (copy) she gets a payment 3 weeks later and forwards it to me, and informs me the next payment will be paid on Jan 26 to her, to cover Jan 12th payment, I contacted her on Monday !st Feb, she now tells me payments have been stopped because she filled the paperwork in wrong and did not include her son ( over 18 ) All the time its Iv got chance of a job her or there, payments in the bank just need to send it, (no payment sent ) I told her previously not to tell me things that are not going to happen as it only wees me off.If you say it mean it and make it happen. Spoke to her on the phone 3rd Feb as she is in a 3 bed house and only requires a 2 she may wish to look at options of moving to a 2 to save money, and pointed out that in 9 days time she will be 2 months behind on the rent, and the implications, bit hard but had to be firm. I did inform her that I wanted her to stay but she must make the rent on time, Only being doing this 9 months so still a bit green, but all my other houses run sweet as a nut. Link to comment Share on other sites More sharing options...
topshelf Posted February 4, 2016 Author Report Share Posted February 4, 2016 Have now decided to wait until the 12th and decide my options, she never ever rings me as there is no credit on her phone, What to do on the 12th ? I don't know yet. Link to comment Share on other sites More sharing options...
Richlist Posted February 4, 2016 Report Share Posted February 4, 2016 Did you get references ? Did you consider rent guarantee insurance or a guarantor ? Link to comment Share on other sites More sharing options...
topshelf Posted February 4, 2016 Author Report Share Posted February 4, 2016 Yes got references from her employer and made copies of 6 month wage slips, didn't ask for a guarantor as all the information she gave was correct, and at the time seamed a straight up person. as for the guarantee insurance read about them but thought there was to many clauses for them not to pay out BIG MISTAKE, This is my first non payer so maybe getting a bit wound up over it, I like to be organised so I need a plan, Link to comment Share on other sites More sharing options...
Richlist Posted February 4, 2016 Report Share Posted February 4, 2016 Perhaps the best way to look at it, for the future, is to consider that a problem tenant can easily end up owing you a few thousand pounds in unpaid rent. The cost and effort to take rent guarantee insurance or a home owning guarantor will be considerable less. The strict criteria needed for a tenant to qualify for rent guarantee insurance means the standard of your applicants will improve and the insurers will usually deal with the referencing, saving you a job. If the tenant stops paying rent then the most you are likely to be out of pocket with rent guarantee insurance is 1 months rent but this is usually covered by the deposit. Link to comment Share on other sites More sharing options...
topshelf Posted February 7, 2016 Author Report Share Posted February 7, 2016 yes good advice a lesson learned ! Link to comment Share on other sites More sharing options...
Mortitia Posted February 8, 2016 Report Share Posted February 8, 2016 Evict her and don't take persons on benefits as tenants again. You can issue S21 now to expire in 2 months and if she does not go get a court order. These wasters need to realise that they can't *iss about with landlords and get away with it by blaming the council, the system, uncle Tom and anyone else. Link to comment Share on other sites More sharing options...
Melboy Posted February 8, 2016 Report Share Posted February 8, 2016 Have to say I agree with Mortitia.............evict her. Your problems are only going to get worse the more you carry on the way it has. Link to comment Share on other sites More sharing options...
topshelf Posted February 8, 2016 Author Report Share Posted February 8, 2016 Options I am considering Am I right in thinking that if I issue a section 8 ( 2 months behind on rent ) once issued to her she has 2 weeks to leave if she does not then I get a court decision to evict her, but if she pays me £1 towards the rent then she is no longer 2 months in arrears and the section 8 is nullified ? My other thought was issue a section 21 and also take her to the small claims court for not pay outstanding rent. issue a section 21 and also inform her if she moves out before that date I will not take any more action against the outstanding rent , may seem to be a little like a threat, but can I do that in writing ? Link to comment Share on other sites More sharing options...
topshelf Posted February 8, 2016 Author Report Share Posted February 8, 2016 Question, can I issue a section 8 notice when she fall into 2 months arrears and a section 21 at the same time ? Link to comment Share on other sites More sharing options...
Liz14 Posted April 4, 2016 Report Share Posted April 4, 2016 Yes you can issue a Section 8 and Section 21 at the same time. We have done this today. When our tenant was 3 months behind with rent she paid enough to reduce her arrears below the two months required on the Section 8 but at least we did get some monies. However, we took her to court under the Section 21. Court case was on Friday 1st April. Date of Section 21 - 11th September to expire after 10th November. The judge did not like the dates and said "we were rushing her" Bearing in mind that she has not paid any rent since November. HE FOUND IN HER FAVOUR. We just hope that the Section 8 which we have submitted to the court will spur her to make some payment. Link to comment Share on other sites More sharing options...
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