jan1 Posted September 14, 2012 Report Share Posted September 14, 2012 Hi Everyone, i have been renting to my tenant now for 16mth and she is one pain in the a*** everything i have tried to do she has blocked me and i am thinking of serving her with a section 21 but not til december (i have my reasons) in the tenancy agreement it says she pays rent 15th of each month. i have been in ill health for awhile now so thought about handing it over to an estate agent to manage but she has given him the run around and has not signed up with him. now she has txt me saying at work they have a new commisioner (she works for the town hall) and that her pay day is changing to 24th of each month ( i don't beleive her but i could be wrong) if i was to let her change to the 24th then would it change when i serve her the section 21 date wise or could i force her to sign with the agents for her to change the dates, any advice is greatfully reeived thank you. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted September 14, 2012 Report Share Posted September 14, 2012 A tenancy period is the period that rent is paid for. This removes confusion for when a T, or HB pay on their behalf, for or on other dates as they percieve. If a T chooses to change the payment date it makes no difference unless you agree to this change as a contractual change. Paying on the 24th is just paying late and if you choose not to take any action that's a fortunate concession for the T. Keep an accurate statement of rents though. Ideally this should still show the same rent due dates (the 15th I assume), and the payment dates as and when. Link to comment Share on other sites More sharing options...
Grampa Posted September 15, 2012 Report Share Posted September 15, 2012 I wouldnt put anything in writing if you allow her to pay on another date because it can muddy the waters when serving s21 and getting the dates correct. We just tell a tenant that they can pay on another date (if agreed if the landlord) but the payment still relates to the same rental period as before. (just paid late). If you are happy with a tenant and you choose to sign themup to another tenancy agreement that is the time to change dates but it always best to keep the rent due date the same as the start date When you say the tenant hasnt signed up with the new agent what do you mean? You dont want a new tenancy signed if you are going to serve a S21. . Link to comment Share on other sites More sharing options...
jan1 Posted September 15, 2012 Author Report Share Posted September 15, 2012 hi cor, grampa, thank you for your advice, my tenant has messed me about alot and i really do not want to change the date as she is always late paying anyway and i am fed up with it. I have had alot of illnesses of late so decided not to manage my own property anymore but to hand the running of it over to an estate agent but the agent needs to inspect the property and have her agree that she will pay them the rent instead of me, for that she needs to sign saying just that, it would not be a new contract and they wont be looking into any credit checks just taking over the running of it, but she won't return his calls so he cannot get to see the property nor can he speak to her about putting the rent into their account instead of mine. so she is forcing me to carry on managing the place myself and i do not want to do that anymore. Because she is doing all this i want to serve a s21 and get rid so that i can get someone else in and the estate agent can manage it from the start but i am going away for 5wks from 12th dec til 16th jan so do not want to serve the notice until dec then i will be back and ready to serve court papers after her 2 months is up (she wont move out without a fight) her tenancy runs from 15th til 14th so i can serve notice from 15th dec til 14th feb i will be back 16th jan so it gives me time to figure out the court papers etc. her rent is due today but she wont be paying it which makes her 2 months behind as she did not pay last month at all so i don't see why i should give her the extra days to pay anyway. i just need her to tow the line til december then i can start the ball rolling. i have decided not to change the dates now as like you say it will cause confusion when i serve the s21 she will just have to pay late every month (if she pays at all). thanks again for your advice i appreciate it. jan1:( Link to comment Share on other sites More sharing options...
Grampa Posted September 15, 2012 Report Share Posted September 15, 2012 You can serve a s21 now and as it doesnt have a shelf life act on it any time you wish. Also if it is done correctly and not defended you wont need to go to court. You also have the option of serving a section 8 with grounds 8,10,11 now as she is 2 months in arrears/owning. That notice gives 14 days before you can apply for a hearing which can be done online and give a court hearing date at the time of doing it online. If you are not about for the hearing (which you or solicitor has to go to) just have a solicitor arranged to go on your behalf. Link to comment Share on other sites More sharing options...
jan1 Posted September 16, 2012 Author Report Share Posted September 16, 2012 Thanks grampa, but she will defend the s21 as i never protected her deposit because i am new to all this and did not know about it. i was told to give it her back before serving s21 which i have done but i know i am in for a long fight with her i don't have the money for solicitors as the rent she has given me went on badly needed work to the house. i am just about getting enough to pay my penalty if i have to pay 3 times the deposit. i really do not know what i am doing and apart from my illnesses thats another reason why i wanted an agent to manage it for me. i have managed to get her to let me inspect my property on 24th sept which will be the first time ever and that's if she does not cancel on me. i just want rid of her now i have had enough so i will wait it out until dec then serve her and take it from there thank you for all your advice i am very greaful for anything i can find out and i will keep you informed of what happens. Jan1 Link to comment Share on other sites More sharing options...
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