fisherman Posted April 29, 2011 Report Share Posted April 29, 2011 Hello I am posting this topic to get some advise from other landlords with more experience than me. I have a tenant, (single mum on HB) that has been in my property since July last year. Except for 2 months the rent has always been paid late. But it has been paid. My tenant has provided numerous excuses as to why the rent is late. They have included transfer to BG by mistake, Problems with ex partner taking funds from her account, (police involved supposedly), transfer being done incorrectly by bank , not signing a SO form so the bank didn't action. Currently she has said she was victim of identity theft (Police involved supposedly) and lost all money in account meaning she cant pay any bills. She is slowly paying rent at the moment, but its in dribs and drabs. She is currently a month and a half in arrears due this this event. The rent agreed on is 550 per month. This is a private rental agreement, i.e. no agent, but is on a full AST agreement. The current tenancy is due to end in July this year. I guesstimate that the rent I could get if I go through an agent is 400 to 450 after their fee. The reason I have not been hard as per parts of the AST so far is that she has looked after the property, actually decorating at her cost, under my authorization. The current situation is that communication is restricted to text message as she will not take my calls, blaming faults on her mobile phone!!!!! Obviously ran out of excuses, and has no money due to identity theft, and afraid to talk. I asked for a time to go round but she has not made herself available. If I turn up out of the blue I suspect it could be construed as harassment. I am trying to be as understanding as possible but my patience is running thin as she wont talk. As a way forwards I plan to write a letter this weekend. This will include a demand for payment dates, and an action plan. It will also include a comment that I will not consider an extension unless a SO is sorted and shown to be working. Maybe I have not been hard enough and I'm reaping what Ive sown. Questions Do i have to give 2 months notice that I will not be renewing the agreement when it ends? Should I clamp down hard at this point, or just see it out to the end of the agreement? Any advice would be greatly appreciated. Thank you Stuart Link to comment Share on other sites More sharing options...
Melboy Posted April 29, 2011 Report Share Posted April 29, 2011 Trenners is our resident expert on "troublesome" HB Tenants. I am sure he will give you good solid advice on the best way forward for you. Mel. Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted April 29, 2011 Report Share Posted April 29, 2011 1. If you have a guarantor you could chase them for any arrears owed 2. As soon as 2 months rent is owing you can quote regulation 95 to the council to get benefit paid direct to yourself. But with the new rules that came out in April if you write to the council explaining the situation and state you will evict unless payments made direct the council can do it now (before 2 months arrears) to safeguard the tenancy. 3 If you get payments direct it will either be 2 or 4 weekly payments (not pcm) depending on the council. 4. A tenant has the right to refuse access to the property unless a genuine emergency such as a gas leak. 5. If you want her out you need to serve a section 21 notice (correctly)or a section 8 notice using grounds 8,10,11 once the arrears get to 2 months owing. 6. You could serve a s21 and tell the tenant you wont enforce it if the arrears are paid. But don't do that in writing because a s21 is supposed to be unconditional but that is a fairly common practice. A s21 doesn't have a shelve life unless you give a new contract. My thoughts are that you serve a s21 and get council payments to yourself then try to set up a payment plan with the tenant for the arrears. Hello I am posting this topic to get some advise from other landlords with more experience than me. I have a tenant, (single mum on HB) that has been in my property since July last year. Except for 2 months the rent has always been paid late. But it has been paid. My tenant has provided numerous excuses as to why the rent is late. They have included transfer to BG by mistake, Problems with ex partner taking funds from her account, (police involved supposedly), transfer being done incorrectly by bank , not signing a SO form so the bank didn't action. Currently she has said she was victim of identity theft (Police involved supposedly) and lost all money in account meaning she cant pay any bills. She is slowly paying rent at the moment, but its in dribs and drabs. She is currently a month and a half in arrears due this this event. The rent agreed on is 550 per month. This is a private rental agreement, i.e. no agent, but is on a full AST agreement. The current tenancy is due to end in July this year. I guesstimate that the rent I could get if I go through an agent is 400 to 450 after their fee. The reason I have not been hard as per parts of the AST so far is that she has looked after the property, actually decorating at her cost, under my authorization. The current situation is that communication is restricted to text message as she will not take my calls, blaming faults on her mobile phone!!!!! Obviously ran out of excuses, and has no money due to identity theft, and afraid to talk. I asked for a time to go round but she has not made herself available. If I turn up out of the blue I suspect it could be construed as harassment. I am trying to be as understanding as possible but my patience is running thin as she wont talk. As a way forwards I plan to write a letter this weekend. This will include a demand for payment dates, and an action plan. It will also include a comment that I will not consider an extension unless a SO is sorted and shown to be working. Maybe I have not been hard enough and I'm reaping what Ive sown. Questions Do i have to give 2 months notice that I will not be renewing the agreement when it ends? Should I clamp down hard at this point, or just see it out to the end of the agreement? Any advice would be greatly appreciated. Thank you Stuart Link to comment Share on other sites More sharing options...
Trenners Posted April 29, 2011 Report Share Posted April 29, 2011 Hi Fisherman, OK - to your specific questions first - you should serve a Section 21 notice NOW - giving her (more than 2 months) notice that the tenancy is going to end in July. Make sure you complete the notice correctly, send it with "Proof of Posting" and send it this weekend. The Section 21 makes it clear that you are not going to be messed around any longer. If the tenant pleads for leniency etc etc then be absolutely clear that you will NOT rescind this Section 21 notice until all of her rent arrears are fully paid. So ... Rent Arrears in July = Definite eviction! Having said all that - Benefit tenants do not have ready access to huge amounts of cash (to clear their arrears) - that is why they are on benefits! ... so you need to agree a clear repayment plan between now and July ........ The important thing is to give the tenant HOPE that, by clearing their arrears, they can remain in your property ... but never ever PROMISE they can stay or RESCIND the notice ...... from your perspective - this is a way of getting what is rightly yours (ie: outstanding rent). You should also contact the local Benefit office and tell them that your tenant is in rent arrears and request that Benefit be paid directly to you (for the future). They will ask you for a copy of the rent account (so that they can see how much money is owed etc etc) ... but in this way .. .you can try and ensure that future rent / benefit payments are received directly from the Council (thereby stopping the rent arrears from getting any worse than they currently are). If the tenant is more than 8 weeks in arrears then the Council MUST pay the benefit directly to you and many Councils divert the benefit money after only 4 weeks. In summary, try and mitigate your loses by getting her to pay her rent arrears in installments and collect all future rent directly from the Council .... and then KICK HER OUT. Trenners! Link to comment Share on other sites More sharing options...
fisherman Posted April 30, 2011 Author Report Share Posted April 30, 2011 Thank you for your advice. Since posting this I have had communication, (text message) to advise when the some of the arrears will be paid. However, I still think the conditions exist for a S21 now as Trenners has said. Thank you Stuart Link to comment Share on other sites More sharing options...
gatekeeperuk Posted May 2, 2011 Report Share Posted May 2, 2011 Hello I am posting this topic to get some advise from other landlords with more experience than me. I have a tenant, (single mum on HB) that has been in my property since July last year. Except for 2 months the rent has always been paid late. But it has been paid. My tenant has provided numerous excuses as to why the rent is late. They have included transfer to BG by mistake, Problems with ex partner taking funds from her account, (police involved supposedly), transfer being done incorrectly by bank , not signing a SO form so the bank didn't action. Currently she has said she was victim of identity theft (Police involved supposedly) and lost all money in account meaning she cant pay any bills. She is slowly paying rent at the moment, but its in dribs and drabs. She is currently a month and a half in arrears due this this event. The rent agreed on is 550 per month. This is a private rental agreement, i.e. no agent, but is on a full AST agreement. The current tenancy is due to end in July this year. I guesstimate that the rent I could get if I go through an agent is 400 to 450 after their fee. The reason I have not been hard as per parts of the AST so far is that she has looked after the property, actually decorating at her cost, under my authorization. The current situation is that communication is restricted to text message as she will not take my calls, blaming faults on her mobile phone!!!!! Obviously ran out of excuses, and has no money due to identity theft, and afraid to talk. I asked for a time to go round but she has not made herself available. If I turn up out of the blue I suspect it could be construed as harassment. I am trying to be as understanding as possible but my patience is running thin as she wont talk. As a way forwards I plan to write a letter this weekend. This will include a demand for payment dates, and an action plan. It will also include a comment that I will not consider an extension unless a SO is sorted and shown to be working. Maybe I have not been hard enough and I'm reaping what Ive sown. Questions Do i have to give 2 months notice that I will not be renewing the agreement when it ends? Should I clamp down hard at this point, or just see it out to the end of the agreement? Any advice would be greatly appreciated. Thank you Stuart Hello Stuart, I can help you with the problem. We provide full assistance to our customers or landlords associated to us. You will never face this type of problems with us. Link to comment Share on other sites More sharing options...
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