Confused about possible eviction process of tenant
Discussion
Tenant has been in our property 2 years on an assured tenancy agreement which was initially 6 months but has rolled on as upto now he'd been ok.
Lost his Job early in 2016 and stopped paying rent but was put on benefits eventually and then caught up with arrears (2 or 3 months). At the time he didn't explain why or what happened and just stopped paying. We had to contact him to find out. Has had the odd late by a few days payment but generally paid
Up.
He then started work again and paid on time until a couple of months ago when he lost his job again. No explanation at first to us , just no rent paid in. Texts were replied to after a few days but no rush. He went 2 months in arrears before sorting benefits, and said he'd pay £150 pcm towards arrears which lasted one month. At this point he owed slightly less than 2 months rent.
In November he paid normal rent but no arrears and then at Christmas has failed to pay. This has now put him 3 months in arrears
He's been a good Tenant in terms of keeping the flat in good condition but his late or missed payments are starting to annoy as is the fact he does not contact us, we have to go chasing.
So currently he now owes 3 months, and when texted replied he'd not been paid and we'd get our rent when he did.
We've this week written a letter as he isn't responding to texts, clarifying the rent arrears and late payment dates and asking him to contact us to discuss the matter.
I've sent a final text yesterday asking that he contacts us to arrange to meet us, as it happens the annual inspection is due as is the boiler service also so we asked to sort this also.
Obviously don't want to be accused of harassment but what is the best way to tackle this now with respect to finding out his intention with respect to arrears and improving future payment regimes?
Slightly confused if we can just serve a notice to quit with 2 months notice as he's not in a fixed period, or if we need to start on a section 8 on the grounds of 2 month arrears plus late/irregular payments.
It's disappointing more than anything as this is the 3rd time he's gone late without proper communication but he has generally responded in the past and made reasonable attempts at catching up with arrears when back.in work.
Advice appreciated
Lost his Job early in 2016 and stopped paying rent but was put on benefits eventually and then caught up with arrears (2 or 3 months). At the time he didn't explain why or what happened and just stopped paying. We had to contact him to find out. Has had the odd late by a few days payment but generally paid
Up.
He then started work again and paid on time until a couple of months ago when he lost his job again. No explanation at first to us , just no rent paid in. Texts were replied to after a few days but no rush. He went 2 months in arrears before sorting benefits, and said he'd pay £150 pcm towards arrears which lasted one month. At this point he owed slightly less than 2 months rent.
In November he paid normal rent but no arrears and then at Christmas has failed to pay. This has now put him 3 months in arrears
He's been a good Tenant in terms of keeping the flat in good condition but his late or missed payments are starting to annoy as is the fact he does not contact us, we have to go chasing.
So currently he now owes 3 months, and when texted replied he'd not been paid and we'd get our rent when he did.
We've this week written a letter as he isn't responding to texts, clarifying the rent arrears and late payment dates and asking him to contact us to discuss the matter.
I've sent a final text yesterday asking that he contacts us to arrange to meet us, as it happens the annual inspection is due as is the boiler service also so we asked to sort this also.
Obviously don't want to be accused of harassment but what is the best way to tackle this now with respect to finding out his intention with respect to arrears and improving future payment regimes?
Slightly confused if we can just serve a notice to quit with 2 months notice as he's not in a fixed period, or if we need to start on a section 8 on the grounds of 2 month arrears plus late/irregular payments.
It's disappointing more than anything as this is the 3rd time he's gone late without proper communication but he has generally responded in the past and made reasonable attempts at catching up with arrears when back.in work.
Advice appreciated
Edited by 200Plus Club on Saturday 7th January 22:23
200Plus Club said:
Tenant has been in our property 2 years on an assured tenancy agreement which was initially 6 months but has rolled on as upto now he'd been ok.
Lost his Job early in 2016 and stopped paying rent but was put on benefits eventually and then caught up with arrears (2 or 3 months). At the time he didn't explain why or what happened and just stopped paying. We had to contact him to find out. Has had the odd late by a few days payment but generally paid
Up.
He then started work again and paid on time until a couple of months ago when he lost his job again. No explanation at first to us , just no rent paid in. Texts were replied to after a few days but no rush. He went 2 months in arrears before sorting benefits, and said he'd pay £150 pcm towards arrears which lasted one month. At this point he owed slightly less than 2 months rent.
In November he paid normal rent but no arrears and then at Christmas has failed to pay. This has now put him 3 months in arrears
He's been a good Tenant in terms of keeping the flat in good condition but his late or missed payments are starting to annoy as is the fact he does not contact us, we have to go chasing.
So currently he now owes 3 months, and when texted replied he'd not been paid and we'd get our rent when he did.
We've this week written a letter as he isn't responding to texts, clarifying the rent arrears and late payment dates and asking him to contact us to discuss the matter.
I've sent a final text yesterday asking that he contacts us to arrange to meet us, as it happens the annual inspection is due as is the boiler service also so we asked to sort this also.
Obviously don't want to be accused of harassment but what is the best way to tackle this now with respect to finding out his intention with respect to arrears and improving future payment regimes?
Slightly confused if we can just serve a notice to quit with 2 months notice as he's not in a fixed period, or if we need to start on a section 8 on the grounds of 2 month arrears plus late/irregular payments.
It's disappointing more than anything as this is the 3rd time he's gone late without proper communication but he has generally responded in the past and made reasonable attempts at catching up with arrears when back.in work.
Advice appreciated
Do you really want to know which notice to serve, or how to deal with this?Lost his Job early in 2016 and stopped paying rent but was put on benefits eventually and then caught up with arrears (2 or 3 months). At the time he didn't explain why or what happened and just stopped paying. We had to contact him to find out. Has had the odd late by a few days payment but generally paid
Up.
He then started work again and paid on time until a couple of months ago when he lost his job again. No explanation at first to us , just no rent paid in. Texts were replied to after a few days but no rush. He went 2 months in arrears before sorting benefits, and said he'd pay £150 pcm towards arrears which lasted one month. At this point he owed slightly less than 2 months rent.
In November he paid normal rent but no arrears and then at Christmas has failed to pay. This has now put him 3 months in arrears
He's been a good Tenant in terms of keeping the flat in good condition but his late or missed payments are starting to annoy as is the fact he does not contact us, we have to go chasing.
So currently he now owes 3 months, and when texted replied he'd not been paid and we'd get our rent when he did.
We've this week written a letter as he isn't responding to texts, clarifying the rent arrears and late payment dates and asking him to contact us to discuss the matter.
I've sent a final text yesterday asking that he contacts us to arrange to meet us, as it happens the annual inspection is due as is the boiler service also so we asked to sort this also.
Obviously don't want to be accused of harassment but what is the best way to tackle this now with respect to finding out his intention with respect to arrears and improving future payment regimes?
Slightly confused if we can just serve a notice to quit with 2 months notice as he's not in a fixed period, or if we need to start on a section 8 on the grounds of 2 month arrears plus late/irregular payments.
It's disappointing more than anything as this is the 3rd time he's gone late without proper communication but he has generally responded in the past and made reasonable attempts at catching up with arrears when back.in work.
Advice appreciated
Edited by 200Plus Club on Saturday 7th January 22:23
If you start issuing notices you're bypassing the personal approach (which appeals to an individual's sense of right and wrong) and relyinging upon the legal system. The law is biased towards the tenant and dealing with everything by post and with notices will merely allow a problem tenant to buy time.
You are best off getting to speak to the tenant face to face, on a friendly basis, and agreeing between you that it is not working out and that he should vacate swiftly. Most people are reasonable and will move on.
In the past we have dealt with it on a very reasonable basis directly with him. He normally replies to texts after a few days.
However this is the 3rd occasion he's got into arrears and the 3rd time without saying anything or contacting us. It's now a week since we asked for an explanation and his last reply was "you'll get it when I get paid" etc
We wrote to him asking him to call us this weekend and texted the same, which he's ignored.
We are losing patience with this but every time he gets short or changes job he just puts rent last. No apologies or contact, just no rent going in.
If he isn't replying to text or calls I don't want to be accused of harassment.
Would we be ok to give 48hr notice to inspect flat as it's due anyway and hopefully talk at that point?
Otherwise all I can do I suspect is go and serve notice, our last letter clearly stated his late or missing payments were now equal to 3 months rent almost and asking him to call us to discuss..
Just trying to see what best to try initially to resolve it without serving notice but assuming I will have to go section 8 or 21 if not. I understand section 8 is if you want to pursue rent arrears etc
However this is the 3rd occasion he's got into arrears and the 3rd time without saying anything or contacting us. It's now a week since we asked for an explanation and his last reply was "you'll get it when I get paid" etc
We wrote to him asking him to call us this weekend and texted the same, which he's ignored.
We are losing patience with this but every time he gets short or changes job he just puts rent last. No apologies or contact, just no rent going in.
If he isn't replying to text or calls I don't want to be accused of harassment.
Would we be ok to give 48hr notice to inspect flat as it's due anyway and hopefully talk at that point?
Otherwise all I can do I suspect is go and serve notice, our last letter clearly stated his late or missing payments were now equal to 3 months rent almost and asking him to call us to discuss..
Just trying to see what best to try initially to resolve it without serving notice but assuming I will have to go section 8 or 21 if not. I understand section 8 is if you want to pursue rent arrears etc
200Plus Club said:
In the past we have dealt with it on a very reasonable basis directly with him. He normally replies to texts after a few days.
However this is the 3rd occasion he's got into arrears and the 3rd time without saying anything or contacting us. It's now a week since we asked for an explanation and his last reply was "you'll get it when I get paid" etc
We wrote to him asking him to call us this weekend and texted the same, which he's ignored.
We are losing patience with this but every time he gets short or changes job he just puts rent last. No apologies or contact, just no rent going in.
If he isn't replying to text or calls I don't want to be accused of harassment.
Would we be ok to give 48hr notice to inspect flat as it's due anyway and hopefully talk at that point?
Otherwise all I can do I suspect is go and serve notice, our last letter clearly stated his late or missing payments were now equal to 3 months rent almost and asking him to call us to discuss..
Just trying to see what best to try initially to resolve it without serving notice but assuming I will have to go section 8 or 21 if not. I understand section 8 is if you want to pursue rent arrears etc
How far away from you is the property? Can't you go and see him? He is obviously good at ignoring texts, he will probably be less good at ignoring you face-to-face. You aren't harassing him if you are pursuing a legitimate debt, providing you are reasonable and proportionate (the CAB will probably have some guidance on this).However this is the 3rd occasion he's got into arrears and the 3rd time without saying anything or contacting us. It's now a week since we asked for an explanation and his last reply was "you'll get it when I get paid" etc
We wrote to him asking him to call us this weekend and texted the same, which he's ignored.
We are losing patience with this but every time he gets short or changes job he just puts rent last. No apologies or contact, just no rent going in.
If he isn't replying to text or calls I don't want to be accused of harassment.
Would we be ok to give 48hr notice to inspect flat as it's due anyway and hopefully talk at that point?
Otherwise all I can do I suspect is go and serve notice, our last letter clearly stated his late or missing payments were now equal to 3 months rent almost and asking him to call us to discuss..
Just trying to see what best to try initially to resolve it without serving notice but assuming I will have to go section 8 or 21 if not. I understand section 8 is if you want to pursue rent arrears etc
The problem with S8. (you'd be looking at grounds 8 and 11) is that he could at the last minute pay some rent into court, bringing his debt below 2 months arrears, knocking out ground 8, and you'd have to start again. ground 11 is discretionary - the judge doesn't have to grant possession and probably won't.
We can go there within 20mins. guidance I've read says 48hrs notice and at reasonable hours for inspections though but I'm loathe to give him notice so he can be out when I call up. I'd probably try after work I imagine.
We've already assumed we won't see the almost 3 months rent so we're thinking section 21 notice depending on his response at the door maybe serving a notice to quit in person at the same time.
The annoying thing is the assumption we'll continue to accept another incident of not paying and not being bothered to communicate. If he'd approach us and let us know we may have been understanding as he does seem to go in/out of work. Tired of the chase now I suppose.
We've already assumed we won't see the almost 3 months rent so we're thinking section 21 notice depending on his response at the door maybe serving a notice to quit in person at the same time.
The annoying thing is the assumption we'll continue to accept another incident of not paying and not being bothered to communicate. If he'd approach us and let us know we may have been understanding as he does seem to go in/out of work. Tired of the chase now I suppose.
200Plus Club said:
So if we attend one evening to do a face to face and if need be then issue 2 months notice to quit we should be ok I assume?
It's a week since on Thursday since our letter would have arrived setting out his arrears and asking him to contact us to discuss
You could issue a S21 with 2 months notice, or you could give him less with a S.8 - Grounds 3, 4, 8, 10, 11, 12, 13, 15 or 17 require 2 weeks.It's a week since on Thursday since our letter would have arrived setting out his arrears and asking him to contact us to discuss
I'd give him a S.8 and explain that you don't want to take him to court, but you now have no choice given the lack of contact plus persistent and current arrears etc etc. This tends to be the basis for negotiation.
13m said:
You could issue a S21 with 2 months notice, or you could give him less with a S.8 - Grounds 3, 4, 8, 10, 11, 12, 13, 15 or 17 require 2 weeks.
I'd give him a S.8 and explain that you don't want to take him to court, but you now have no choice given the lack of contact plus persistent and current arrears etc etc. This tends to be the basis for negotiation.
OK thanks. I think the time has come for face to face this week was just a bit worried I'd be accused of harassment turning up at door that's all I'd give him a S.8 and explain that you don't want to take him to court, but you now have no choice given the lack of contact plus persistent and current arrears etc etc. This tends to be the basis for negotiation.
I hadn't realised that grounds 8 and 11 which are what we understand we have only need 2 weeks notice.
Edited by 200Plus Club on Monday 9th January 09:47
200Plus Club said:
OK thanks. I think the time has come for face to face this week was just a bit worried I'd be accused of harassment turning up at door that's all
Keep it at a reasonable time of day, don't go round every day and don't issue threats. If he is ignoring you and owes money to you, calling round for a chat is quite reasonable.13m said:
You could issue a S21 with 2 months notice, or you could give him less with a S.8 - Grounds 3, 4, 8, 10, 11, 12, 13, 15 or 17 require 2 weeks.
I'd give him a S.8 and explain that you don't want to take him to court, but you now have no choice given the lack of contact plus persistent and current arrears etc etc. This tends to be the basis for negotiation.
This ^^^^ , but if possible, give him a message that the notice is a last resort which you'll be willing to cancel it if he responds positively. I'd give him a S.8 and explain that you don't want to take him to court, but you now have no choice given the lack of contact plus persistent and current arrears etc etc. This tends to be the basis for negotiation.
It might stop him going all defensive/elusive , and dragging you into an expensive and time consuming eviction process.
I'd already done that in last week's letter setting out the two grounds and that we didn't want to have to go through to court but if he didn't make contact or pay the arrears promptly we'd have to consider it. We asked him to ring or text us over the weekend and he's just blanked us.
Will update later in week once we've hopefully seen him in person thanks
Will update later in week once we've hopefully seen him in person thanks
Same TA since when Dec 2014? Have you increased the rent in the meantime? ie have you renewed the TA or is it a periodic?
What does you letting agent recommend?
Do you have any clue as to how this type of business works? ie the Letting Business - as believe it or not it is a business. It would be unwise to enter any business without know what you have to do to comply and what to do when you encounter an issue.
So whats the start date of this one and only TA?
Has the rent increased since the start?
Was the deposit registered/protected and the prescribed info given to the tenants?
Right to rent booklet given? proof?
EPC given? Proof?
Gas Safety cert given? Proof?
The notices have recently changed - make sure you are aware of which one to give.
What does you letting agent recommend?
Do you have any clue as to how this type of business works? ie the Letting Business - as believe it or not it is a business. It would be unwise to enter any business without know what you have to do to comply and what to do when you encounter an issue.
So whats the start date of this one and only TA?
Has the rent increased since the start?
Was the deposit registered/protected and the prescribed info given to the tenants?
Right to rent booklet given? proof?
EPC given? Proof?
Gas Safety cert given? Proof?
The notices have recently changed - make sure you are aware of which one to give.
superlightr said:
Same TA since when Dec 2014? Have you increased the rent in the meantime? ie have you renewed the TA or is it a periodic?
What does you letting agent recommend?
Do you have any clue as to how this type of business works? ie the Letting Business - as believe it or not it is a business. It would be unwise to enter any business without know what you have to do to comply and what to do when you encounter an issue.
So whats the start date of this one and only TA?
Has the rent increased since the start?
Was the deposit registered/protected and the prescribed info given to the tenants?
Right to rent booklet given? proof?
EPC given? Proof?
Gas Safety cert given? Proof?
The notices have recently changed - make sure you are aware of which one to give.
All in order thanks. Just not had to deal with a tenant in this manner before. hes been there since early 2014. We've let this flat for ten years at least ourselves, no letting agent. Just unsure how best to proceed in dealing with someone who has decided to stop answering texts and is now in arrears more than 2 months. What does you letting agent recommend?
Do you have any clue as to how this type of business works? ie the Letting Business - as believe it or not it is a business. It would be unwise to enter any business without know what you have to do to comply and what to do when you encounter an issue.
So whats the start date of this one and only TA?
Has the rent increased since the start?
Was the deposit registered/protected and the prescribed info given to the tenants?
Right to rent booklet given? proof?
EPC given? Proof?
Gas Safety cert given? Proof?
The notices have recently changed - make sure you are aware of which one to give.
Same agreement, no rent increase, off top I think it was jan 2014. Not at home at the moment. No papers served only a letter last week setting out the arrea4s situation as it had just gone over 2 months.
I envisaged him responding as required and as previously when he went behind but that's not happened.
I'm now intending a visit at tea time one night this week to hopefully find out his intention and if he intends sorting arrears. His answer/manner will determine my next step as this is becoming a pattern.
I envisaged him responding as required and as previously when he went behind but that's not happened.
I'm now intending a visit at tea time one night this week to hopefully find out his intention and if he intends sorting arrears. His answer/manner will determine my next step as this is becoming a pattern.
Simpo Two said:
I accept that people are different but from my experience, the more rope you give them the more they will take. The more pally you get the more rope they will take. Letting a house out for money is business, nothing more.
I agree we've been too accommodating with him previously and I belive he feels he can extract the urine now. As it happens we've finally had a series of texts today. He's been ill, not checked phone and hasn't been paid this month, none of which is believed by me now.We are having a conversation later tonight and he's offered to pay the arrears off in 3 months. I suspect Christmas spending was more tempting than rent.
I think we'll ask for a written agreement to clear the arrears in 2 months or start the process mentioned
so had a conversation last night about this situation and the possible section 8 with 2 weeks notice given he is nearly 3 months in arrears. we appear to have an agreement to repay 2 months rent on the 28th of this month and an increased payment in Feb to remove the backlog. tenant has offered to sign an agreement to this effect, we'll see if this improves the situation going forward. i dont believe for one minute the reasons for not replying to texts or calls, but he seemed to have taken on board we have reached the end of our tether.
cheers to all.
cheers to all.
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