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1st Time Landlord

What are my options with rent arrears tenant?

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Hi as a new landlord I feel im in a pickle and could really do with some help. Sorry if explanation is long.

We rented out our house in July 08 on a 6 month AST. Whilst abroad working. At the end of that period we renewed the AST for a further 6 months. During the last tenancy of 6 months which ended 13 July 09. we have had constant late payments via the bank. Since we are abroad, we engaged in telephone conversations to sort out the late payments. Payments were made although late each month untill June. June payment was not recieved. They requested to make up in full the arrears with Julys payment (two Months) which we agreed. Breaking there promise they only made one month + small portion of arrears leaving further arrears to be added to August. Which we dont think they will/can make up in one go. We know they have been through difficult times & now their is a baby involved. Being too soft we did not want to push things & at the back of our minds hoped payments would be made up. Now we are not too sure & feel arrears are going to increase. We have not renewed contract stating in one conversation, due to `the arrears` which they understand. I now realize whilst researching your website that the depossit should have been depossited with an `approved TDS account` (which I did not do as I was informed as I am now aware wrongly it was optional but deposit had to be in a differant account).

 

I understand from one of your threads that a court will not recognise a sec 8 or sec 21 If I tried to evict the tenants through court because of the TDS account not being used.

 

Please, can any one give advise as to:

1. How I stand,

2. How to legally evict the tenants who are at this time on I believe a `periodic tenancy` paying monthly .

3. I know im in the wrong & they could claim 3x the deposit, but can I still claim for non payment arrears of rent & damages if any?

 

Any help in matter would be great.

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What would I do if I were you? Probably try to visit the tenants (if you are in the country) and get some direct debit agreement set up for the monthly rent and agree a plan to pay the arrears. Or you could serve notice on them as a LL to quit and return the deposit with any deductions on their departure. Perhaps one tenant has lost their job and they are struggling financially. It sounds like they are trying to make amends. Eviction is a painful process at the best of times, complicated by the fact that you have not secured the deposit. Ignorance of this will not be a defence in court.

 

Your only way to be sure of where you stand is to consult a solicitor

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The very very first thing to do before anything else is protect the deposit!

You could issue a Sec 8, but a Sec 21 wouldnt be valid until the deposit is protected.

I agree with Sali though, go and try and work out something with them, but also say you are prepared to evict them should the rent not continue to be paid.

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Agree with the above,they seem to be trying to make up the arrears,maybe be the good samaritan and offer a fresh start next month and let them pay the arrears left over say 6 months.Then i hope you may stop a possible escalating problem and create a good relationship again.The alternatives if they take a stand could be very expensive for you.My view only and am not biassed one way or the other,Tawnyowl.

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If you dont protect the deposit you could face them taking you to court and them getting 3x the amount. so protect the deposit now! then you can proceed as you feel appropriate.

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Thank you all for your help, very good advise all round ,thanks again.

1st job,.... secure the depossit ;)

 

After that we will try to work it out with the tenants, amicably.

Reguards to all.

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The courts will recognise a s.8 but not the s.21. I would therefore issue the s.8.

 

I would also immediatley protect the deposit and supply your tenant with the required details. You shall then be able to issue a s.21.

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The courts will recognise a s.8 but not the s.21. I would therefore issue the s.8.

 

I would also immediatley protect the deposit and supply your tenant with the required details. You shall then be able to issue a s.21.

 

Hi Again is their a s8 or s21 template letter available i can download:confused: any where on this site.

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