fiffie Posted May 10, 2011 Report Share Posted May 10, 2011 Hello, might I ask a question please? We have a property we rent out to a chap and his girlfriend. Both names are on the tenancy. They are regular with their rent, house inspections have been fine and they have been in the property since October 2010. Yesterday I met the chap. He told me he and his girlfriend have split up and she has left the home, on Sunday he attempted suicide and was admitted to hospital, although released yesterday to his G.P. He no longer has a job because she was the main earner, he doesn't drive so she used to take him to his job and pick him up, she obviously isn't doing that and now he has lost his job. He told me he cannot afford the rent which is due on the 25th of the month. He cannot read or write. Obviously when they moved in we did employment checks, but since they have been in the house, they have both changed employers. We had a 6 month tenancy agreement with them. So, what do we do? they are not in arrears with their rent, so can we serve them notice to quit? We realise we would be making him homeless, he has no family at all, he cannot read so sending him a letter is pointless. I told him that his girlfriend is responsible for the rent too as her name is on the tenancy - I'm not sure about her employment status at the moment either. So, do we wait until 2 weeks after the 25th - assuming we won't get our rent and serve them notice to quit, or shall we do it now even though they are not in arrears. I suspect this chap is quite vulnerable at the moment, he told me he held a knife at a policeman on Sunday - I wonder what other more experienced landlords would do? thank you very much. Link to comment Share on other sites More sharing options...
Guest caravanj Posted May 10, 2011 Report Share Posted May 10, 2011 The 6 month AST has expired so if you've not renewed the AST it's most likely to have become a monthly periodic tenancy since the rent was paid monthly. Serve a Section 21 notice now, it's irrelevant whether or not he can read or whether he's vulnerable. You know that he cannot afford to pay the rent & has apparent mental health issues so if you let him stay but then go for repossession at a later date it may be argued that you've set a precedent & it may weaken your case or at least muddy the issue. Link to comment Share on other sites More sharing options...
Mortitia Posted May 10, 2011 Report Share Posted May 10, 2011 Hello Fiffie, It sounds like you need to end the tenancy via Section 21 whilst trying not to get too involved with the personal circumstances. Police, knives and attempts at suicide do not make for happy letting so get shot now before the property suffers and you find you are not insured. What of the deposit - is it protected? S21 will not be valid if no protection. Your notice will be 8 weeks or 2 months. To end the tenancy you need to give notice in the form of Section 21 A at least 1 day (but don't leave it until the last minute) before the next rent due date. If you miss this crucial timing you will have to wait another month with no rent. Check up online and on this site on S21 but it could be worth getting a specialist landlord/tenant solicitor to do it for you - they usually offer a fixed price of around £500. This has to be issued in writing whether your tenant reads or not and yes the other party is jointly and severally liable for the rent until the agreement is ended. Speaking to tenant personally about this would be sensible also. If tenant has been mentally unstable then he may in under the watch of social services and it will be them that re-homes him at the expiry of S21. Sometimes local authorities wait until you have a court order which could take another 3-6 weeks after the S21 expires. This is why you need to act promptly now. Mortitia Link to comment Share on other sites More sharing options...
fiffie Posted May 10, 2011 Author Report Share Posted May 10, 2011 Thank you very much for your replies, I'm afraid to admit I didn't know about this protection for their deposit. Their deposit is in a bank account - I have never heard about putting it in a special account. We are relatively inexperienced as the last tenant was in the house for a couple of years and hadn't paid a deposit, so when these moved in and paid a cash deposit we put it into a bank account. Hmmm, I think we might be in a little bit of trouble here. I think there are mental health issues, he told me he is a drug addict. Oh dear! I wonder if you think we should talk to his girlfriend? sorry - thank you. Link to comment Share on other sites More sharing options...
kerbut Posted May 10, 2011 Report Share Posted May 10, 2011 I think before you speak to the girlfriend you need to put the deposit money into one of the 2 schemes available to you very quickly before the tenant takes you to court for not protecting the deposit which you are legally bound to do. You are leaving your self wide open to a fine and compensation of 3 times the amount of the deposit. Link to comment Share on other sites More sharing options...
fiffie Posted May 10, 2011 Author Report Share Posted May 10, 2011 Do you mind me asking where I find them please? thank you. Link to comment Share on other sites More sharing options...
kerbut Posted May 10, 2011 Report Share Posted May 10, 2011 www.mydeposits.co.uk www.thedisputeservice.co.uk Link to comment Share on other sites More sharing options...
fiffie Posted May 10, 2011 Author Report Share Posted May 10, 2011 Thank you - no one has ever told us about this - we have a buy to let mortgage and the relevant insurance - thank you. Link to comment Share on other sites More sharing options...
Mortitia Posted May 10, 2011 Report Share Posted May 10, 2011 Kerbut - mydeposits is no good for protecting a deposit this late in the day - only the DPS will take it now. What is the dispute service??? I think you got that wrong. Fiffie - you need to use the government run Deposit Protection Service (google it). This is the only one that takes deposits as late as this and you have to do it online. It is quite easy and quick. Note down the payment numbers it gives you and be 100% sure to send in writing notification of this to your tenant (and tell him). Do this today before you do anything else. S21 will be invalid without it and you are breaking the law. Worst case scenario is he finds out you have not protected deposit and can legally claim 3 X deposit from you. Many cases on the net to show this has happened. Mortitia Link to comment Share on other sites More sharing options...
kerbut Posted May 10, 2011 Report Share Posted May 10, 2011 Mortitia, The dispute service is the same web site as DPS, both run by DPS Link to comment Share on other sites More sharing options...
Mortitia Posted May 10, 2011 Report Share Posted May 10, 2011 Kerbut -I did realise that but you were incorrect to advise Fiffie that neither mydeposits nor the dispute service was where to put her deposit! Nuff said Mortitia Link to comment Share on other sites More sharing options...
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