OUTSTANDING RENT

[shan]

Hi i'm hopeing someone can advise me here.

I have a tenant who's A.S.T. has expired and is now on a periodic tenancy,

i manage the property myself.

I decided to visit reletives in Australia for 6 months,

while i was there i noticed that the rent was not being paid, i contacted the tenant and he said he would look into it as it is paid by direct debit 2 months now owing, so i contacted him again by e mail he gave me no reason for the rent not being paid, all he said was the house needed work doing to it and complained about the condition of the property, i asked him tell me the problem and i will get it fixed.

i haven't heard anything from his since and still no rent even though i have requested payment.

During this time i got sick and needed a serious operation and was unable to return to the uk.

I did not issue him with a section 8 because i knew i would be unable to return to the uk in time to attend a court case if needed.

6 months has passed and i am now able to return to the uk.

i have since decided to move back into the property and i want him out anyway,

can anyone advise me on what notice i should serve and am i still entitle to the 6 months rent he now owes.

[Mortitia]

Hi Shan,

I must admit I don't think you managed the property at all well, showed no professionalism and this is the outcome. You can't just swan off abroard for 6 months and expect the rent to keep rolling in.

To remove the tenant issue sections 8 and 21 (one is bound to succeed but be careful to do it right).

Before he/she goes and you have not forwarding address get a CCJ in place to him/her at that address for the back rent - forms from your local County Court or online.

If you are still abroad or unsure I would consider taking specialist legal advice and maybe get them to do it under 'fixed fee'.

Mortitia

[shan]

Hi Shan,

I must admit I don't think you managed the property at all well, showed no professionalism and this is the outcome. You can't just swan off abroard for 6 months and expect the rent to keep rolling in.

To remove the tenant issue sections 8 and 21 (one is bound to succeed but be careful to do it right).

Before he/she goes and you have not forwarding address get a CCJ in place to him/her at that address for the back rent - forms from your local County Court or online.

If you are still abroad or unsure I would consider taking specialist legal advice and maybe get them to do it under 'fixed fee'.

Mortitia

hi can you tell me what a CCJ is?

and would selling the debt to a debt collector/ lawyer be an option.

thanks for your help

[Mortitia]

Hi Shan,

Sorry, I should have explained. CCJ stands for County Court Judgement. In short, when a debt is owed a person can fill out forms from the local court or online detailing the debt and how it has become owed and by whom. The court staff then write to the other party (ie your tenant) and asks them to respond to your allegations. (Sometimes this will be enough to get the debtor to settle up all or some of the cash owed.) There is a set time for the tenant to respond.

Then with or without a response the paperwork goes before a District Judge and he decides on the outcome. It does help if you attend court on the day. You are kept informed of the procedure by post.

Once you have the Judgement or CCJ then you can instruct a debt collector to collect the money. If the tenant is in work that helps as you can get an 'attachment of earnings' which means you are paid from his wages. If the tenant has assets such as a car or van owned by him and not on finance this can be taken by a bailiff to be sold to pay the debt. If the tenant is a on benefit from the DSS - I wouldn't bother!

You can have a look online at www.hmcourts.gov and also have a look at www.moneyclaimonline

Personally I always find going to the local court and getting the forms best and the court staff are usually quite helpful though they cannot give legal advice.

I don't know about 'selling the debt' - I would go for getting the money myself. Some debt collectors do 'no win, no fee' but you need to look at what assets your tenant has that could be collected unless you know he is in work and has money.

Surely getting your property back is the prime objective.

Mortitia

[snorkerz]

You should have served a s48 notice when you left the country giving an address in England/Wales for the service of documents. Without this, the tenant had no obligation to pay rent. If you now serve a s8 (ground 8) that may not be valid because not all of the arrears were legally due.

Issue a s48 notice with your current E/W address before issuing your s8, thus ensuring the full arrears become immediately due.