soppycods13 Posted November 30, 2015 Report Share Posted November 30, 2015 Following on from my post on 8th October.We have tenants on a 6 month Assured Shorthold Tenancy Agreement that expires today who have never paid rent on time. We initially gave written notice on 6 Sept advising we would not be renewing tenancy for 1st December. After reading forums we followed this up with a section 21 notice, but this was not issued until 10th October. After talks with tenants where ageist insults were levelled at us we decided to issue a section 8 notice on grounds 11 for persistent delayed payment on rent. As tenancy has now run out we are unsure whether to quote the section 8 or the s21 on the N5 forms for the court for 'possession of the property' We have been advised that s8 is discretionary award and we are safer with s21 but this means waiting until 9 December before we lodge papers with the court. Any suggestions would be gratefully accepted. Link to comment Share on other sites More sharing options...
Richlist Posted November 30, 2015 Report Share Posted November 30, 2015 Do they owe money ?Have you spoken with the tenants guarantor ? Link to comment Share on other sites More sharing options...
soppycods13 Posted November 30, 2015 Author Report Share Posted November 30, 2015 Yes, November rent not paid. No guarantors involved as both tenants earning and references checked out ok. Link to comment Share on other sites More sharing options...
Richlist Posted November 30, 2015 Report Share Posted November 30, 2015 That shouldn't stop you getting rent guarantee insurance or a home owning guarantor. Letting is a risky business and anything that stops you getting rental income is going to be worth the effort. The alternative is where you are now i.e. out of pocket.Is the deposit protected and has the prescribed information been issued to the tenants ? Link to comment Share on other sites More sharing options...
soppycods13 Posted November 30, 2015 Author Report Share Posted November 30, 2015 Yes, deposit in recognised scheme and relevant info given at meeting with tenants this evening.More interested in getting them out than getting rent. Link to comment Share on other sites More sharing options...
Grampa Posted December 1, 2015 Report Share Posted December 1, 2015 Go with the s21 unless there is 2 month rent is owing..Please note N5B form for s21 and N5 & N119 for s8 last time I looked. If you haven't done this before pay for someone to do it for you as its easy to make a mistake. Link to comment Share on other sites More sharing options...
Richlist Posted December 1, 2015 Report Share Posted December 1, 2015 Your answer concerning deposit protection doesn't sound like you have complied with the rules. If you haven't then any s21 will be invalid.You have to protect the tenants deposit in one of the approved schemes and issue the prescribed information within 14 days of the start of the tenancy so doing it last night falls foul of the rules. Link to comment Share on other sites More sharing options...
Mortitia Posted December 1, 2015 Report Share Posted December 1, 2015 Go for the Section 21 and N5b after correct notice served. This is no fault eviction and will get you guaranteed possession.Make sure you have protected any deposit and PI issued. Section 8 will allow a defence that may inhibit matters - always avoid this one if you can. You should have given them notice earlier IMO. Link to comment Share on other sites More sharing options...
soppycods13 Posted December 2, 2015 Author Report Share Posted December 2, 2015 Thank you so much for this information!Grampa- Have an appointment with a solicitor on Friday to check we've completed the N5B form correctly.Mortitia- Understanding the difference now. Wiser landlords. Learnt by our mistakes the hard way!.Richlist- Deposit in DPS at start of tenancy. Tenant needed reminding the other evening as it sounded as if he'd tried to withdraw it.Thank you again. Link to comment Share on other sites More sharing options...
Richlist Posted December 2, 2015 Report Share Posted December 2, 2015 There is still no comment by you on wether the prescribed information was provided to the tenant within the time frame allowed .If you relet the property don't forget all the new legal requirements that came into affect on October 1st that you will need to comply with. Link to comment Share on other sites More sharing options...
soppycods13 Posted December 12, 2015 Author Report Share Posted December 12, 2015 An update on what the Solicitor told us. We have messed up on the Section 21. Apparently it has to be sent on the date of start of tenancy ie 1st of the month. As we'd sent it, the 2 months ran out on December 9th. Making it void. So.....we saw her on 4th making it too late to serve another S21 for December. This means we have to serve it at the end of the month, meaning they'll probably be there til March!!! Joy! They have made further problems for us regarding a tumble drier. They are using it on the landing and our once immaculate house now has mould in the bedrooms because of nil ventilation. We told them to open the windows but they insisted that the roof was leaking. We had roofers check the roof, guttering and loft and all were A1. Whether they'll take any notice of the report to ventilate is anyone's guess. Link to comment Share on other sites More sharing options...
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