ruthy1 Posted August 24, 2012 Report Share Posted August 24, 2012 Hi I hope someone can clarify. I have had a great tenant for 6 years. For the last year, (since she moved her boyfriend in without letting me know) she has been paying her rent late. The boyfriend is not on the lease and doesn't appear to contribute. After six months of this I sent a polite letter saying thatif it happened again I would have to issue notice for her to leave. The next three months were fine and the 4th was late. I sent a letter reminding her of the previous letter and said that I was (with regret) giving her two months notice to leave the property due to the situation with the rent. I hand delivered the letter and in real terms was giving her 21/2 months notice. We spoke and she said that she completely understood and felt that I had been more than reasonable. Her rent was due (first of the two months left) and she has not paid it and is now ignoring my calls and text which she doesn't normally do. I am due to go round there to carry out a repair in two days time, but beyond an agreement to the day I cannot get in touch about a time even now.... The letter gave her the middle of October as the date to vacate. Should I have sent a Section 21 with the notice of eviction, or is this for when a letter of notice has already been ignored and the tenant has not moved out? If I needed to send a Section 21 does this mean that she can now stay until November as I am now closer than two months for the original notice.? Finally how quickly can I start court proceedings to get the rent - is it after two rental payments are late (and does this have to be two full months late after the rent date?) I am thinking I have made a mess of the notice I have issued...... I am hoping she is reasonable as she always has been, but I have a bad feeling.... Any info much appreciated Ruthy Link to comment Share on other sites More sharing options...
Richlist Posted August 24, 2012 Report Share Posted August 24, 2012 Well strictly speaking ANY notice will do providing it is mutually acceptable and both parties abide by their agreement. However, as there is no guarantee that this will ever work the official fail safe way of ensuring a tenant will eventually go is by a correctly served S21 giving the tenant at least 2 months notice ending on a rent day.Even then they may not vacate and you will need a court order. If the tenant is 2 payments behind (ie 1 month & 1 day) you can issue an S8. Others may be along to give you more details. Link to comment Share on other sites More sharing options...
ruthy1 Posted August 24, 2012 Author Report Share Posted August 24, 2012 Hi Richlist, Thanks for the clarification - your info will be very useful in the coming weeks Thanks again Ruthy Link to comment Share on other sites More sharing options...
Guest tenants_from_hell Posted August 25, 2012 Report Share Posted August 25, 2012 Have you asked her to leave? You can always try to amicably to resolve the issue. Make up an excuse and they may leave a lot sooner. Sometimes people work better like this than having to face notices. The reason I say make an excuse up is because if you say "I am getting rent late and the boyfriend is not on the lease etc etc" then she will get cocky with you. Link to comment Share on other sites More sharing options...
ruthy1 Posted August 26, 2012 Author Report Share Posted August 26, 2012 Have you asked her to leave? You can always try to amicably to resolve the issue. Make up an excuse and they may leave a lot sooner. Sometimes people work better like this than having to face notices. The reason I say make an excuse up is because if you say "I am getting rent late and the boyfriend is not on the lease etc etc" then she will get cocky with you. Yes I have given her a letter giving two months notice and hope that is enough and I have never been confrontational in any way re boyfriend or arrears as I know how difficult things can be. I discovered the Section 21 aspect when discussing re letting with an agent. We have always had a good relationship but the problem with not paying the rent is an issue that will continue with any other landlord unless she makes some fundamental changes so I have a niggle that she will try to stay in the property as long as possible.... (I get the rent when her insurers pay her her"unable to work "payment and that varies each month, so until she takes the hit on this and pays the rent regularly rather that passing this on to me she will always come up against this problem) I hope that everything will resolve amicably as she has expressed that she appreciates how patient I have been so far. I just needed to understand how the section 21 worked as a legal backstop. Fingers crossed! Link to comment Share on other sites More sharing options...
Guest tenants_from_hell Posted August 26, 2012 Report Share Posted August 26, 2012 No I meant like a verbal agreement of something like a week or 2 weeks. Also when they say they "appreciate your patience" they never do friend! I had that with the dss tramps these last weeks and plus some girls 6 months ago. But when they cant "hack" it they lash out. Link to comment Share on other sites More sharing options...
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