Tenant With 2 Months Arrears – “Do what you like”!


Readers Question - Published on 19/01/2017
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Hi guys, I am in a situation where tenant has defaulted 2 months in a row as such she is in arrears for 2 months accordingly. She has been my tenant since mid August and she did not pay last month’s rent as she suggested that she would pay it in January both months combined. this way out

The rent was due on Monday, she stated that, she would pay at 9am when bank opens. I contacted her at 12pm to state that the rent has not come in. She responded “I would pay ASAP”. I asked when what time? She responded, when I am ready”. I said, you still need to tell me when she repeated when I am ready”

Finally she stated, I am fed up with you and cannot deal with you just serve us notice via email”. I stated that, you would still need to clear arrears to which she responded she has not got any arrears. I responded she does to which she responded “Do what you like”.

I have today served her Section 8 and 21 Notice together. Section 8 does not expire until 4 Feb 2017 and Section 21 does not expire until Mid April 2017. I am exercising my 6 months break clause although tenancy is set up for a year. I need to check with your guys if wording of break clause is OK.

The wording of break clause is:

Early Termination

If it is agreed between the Parties that either may terminate this Agreement as follows:

– By the Landlord giving to the Tenant at least two months written notice, such notice to expire on the last day of the rental period;

– By the Tenant giving to the Landlord at least one month written notice, such notice to expire on the last day of the rental period.

Under such clause, notice cannot take effect earlier than the last day of six month of the tenancy.

My questions are, what route is better Section 8 or 21 in my circumstances? Can she claim that she has paid rent to me in Cash and deny any arrears? in which case Section 21 may be better route however wait is longer! I am aware that, I can not run both Section 8 and Section 21 Concurrently. What other options I have to evict her?

Is my early break clause within tenancy appropriately worded?

Any advice will be greatly appreciated.

Kind regards
Simon

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Comments

  • Reply to the comment left by “Michael Barnes” at “25/01/2017 – 19:29“:

    Thanks Michael. I am chasing him for arrears. As mentioned earlier, they will attempt to deny any arrears. As Sep, October, Nov payments were made in Cash and I did sign the receipt for them.

    They did not pay me for December and January payment nor do they have any receipt. I suspect that, they will try this as couple of days ago, when I contacted her, via withheld number her opening gambit was “”What payment, what rent”? We do not owe you any Rent. We will take you to Court..you are Liar” and then hung up on me.

    As Chris mentioned earlier Judges are not stupid but the biggest irony is when they contest Section 8, not sure, how long the process will take. If they turn up in Court hearing for section 8 then , Judge will probably list it for Trial which could take months or even a year!

    PS: Her voice was stammering but at the same time she was attempting to exhibit fake passion.


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  • Reply to the comment left by “Simon Hall” at “26/01/2017 – 11:26“:

    Simon,

    The judge will have to be given a good reason to delay the case.

    They are not fools, they don’t like idiots and would prefer to listen to a murder trial than 12 eviction cases, one after the other.

    If the delay reason is pregnancy, I doubt it will happen, I have evicted 3 heavily pregnant ladies in the last few years.

    But they may grant, but delay longer than 14 days.

    The thing to watch for is….

    1. Make sure your case notes are in the court at least 48 hours before the case and make sure that they are laid out properly.

    Have 3 sets, one for court, the tenant and you.

    Send in the courts as instructed.

    If the tenant defends, they will have free representation at the court, hence the tenants copy.

    Get to the court about 45 minutes early, the tenants Rep will be told by the court usher that you have arrived.

    If there is any defence, they will approach you, offer them the copy of your case.

    2. If disrepair is brought up, you are entitled to have received CPR, (Civil Procedure Rules), for disrepair, if you don’t get it, just tell the judge that they are trying to mislead the court and why, also tell, the Rep that you will defend the accusation and they will back off.

    3. Your section 8 must quote the actual text of the Housing Act, the defence, if any will, try and discredit your paperwork.

    If you are evicting on grounds 8, repossession is mandatory, if proven.
    As a backup you should also evict on grounds 10 & 11.

    You should have sent an up to date statement of the rent account within 7 days of the court claim being triggered, (this is prescribed information), if it’s not done the case can be thrown out.

    It’s more than likely that the tenant won’t show up, but it’s an ordeal that we all have to go through at some point.


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  • Reply to the comment left by “Gary Dully” at “12/02/2017 – 01:14“:

    Thanks Gary. I have a Solicitor who is dealing with a case. We have now been given a hearing date mid March 2017.

    I am rather hopeful that she does not turn up, equally I am hoping that she does not defend the case. Even if she does not turn up/defend I would have still lost around £7000 in rent and legal costs. Great law where Criminals are protected.

    If the Landlord leaves the property in disrepair then they are branded as Criminal and Rouge Landlords. I wonder, what term would apply to my tenant, who has not paid rent for last 3 months and told me do what you like.


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