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

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

10:59 AM, 19th January 2017, About 5 years ago 43

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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



Comments

by Paul Green

13:29 PM, 21st January 2017, About 5 years ago

Reply to the comment left by "Simon Hall" at "21/01/2017 - 09:33":

Hi Simon, good news, now you have served the documents via a solicitors, sit back don't worry & It won't be long before you have your property back. Once she's left, hire a locksmith to meet you at the property on the day the bailiffs turn up. Change all locks front and back ,still change then if she goes quietly & the bailiffs are not required. I bet you on the day of the court case, she won't turn up, your be awarded possession and the judge will usually allow a tenant 2 weeks to vacant. If she's not gone call the court and arrange the bailiffs. It will soon be over, and like me a lesson learned. Rent guarantee costs me £128 for 12 months cover, they will pay 6 months rent. But they don't serve the section 21 or 8 that's why it's cheap. You can pay around £250 for rent guarantee which includes serving notice. Either way they pay all your court costs, supply a barrister and pay you your rent for a maximum of 6 months or less if they evict earlier, it's in their interest to do so, so they save money on not paying out the full 6 months rent your claiming.....wish you well....

by Michael Barnes

19:56 PM, 22nd January 2017, About 5 years ago

This woman may be looking to being housed by the local authority.

Is there any mileage in advising her that failure to pay rent would be seen as being intentionally homeless and not getting LA housing?

by Simon Hall

9:56 AM, 23rd January 2017, About 5 years ago

Reply to the comment left by "Michael Barnes" at "22/01/2017 - 19:56":

Thanks Paul Green.

Michael, you hit the nail right on head. That's the impression I have got, I have a Text message from her stating send me notice via email. I have contacted the Council in question and they have made notes of what I told them but decline to discuss anything else (too cagey) due to confidentiality reasons. They said, we can not say if she has or she has not applied for Housing Benefit as I asked them to pay me benefit directly as she is in more than 2 months arrears. They asked to send them an email which I did and I have got auto-response stating they will revert back within 5 working days.

BTW she also stated on the phone that "she is pregnant and do not stress me out more than I am"

Would being pregnant add strength to her case?

The chap from Council did say "Off the record, she might be looking to be housed by LHA but if she is becoming intentionally homeless, she would lose the entitlement to LHA housing.

by Jay James

11:21 AM, 23rd January 2017, About 5 years ago

Reply to the comment left by "Simon Hall" at "23/01/2017 - 09:56":

“she is pregnant and do not stress me out more than I am”

This could be genuine or a manipulative attempt to keep you at arms length because she knows there are problems with the rent.

Sounds like you need to evict her whilst hoping the HB goes thorugh. Both take ages.

by Simon Hall

12:10 PM, 23rd January 2017, About 5 years ago

Reply to the comment left by "Jay James" at "23/01/2017 - 11:21":

James,

It is the latter which applies in this case "manipulative attempt" whilst it is true she is 3 months pregnant as her alleged Ex B/F told me this. He is also on tenancy but quite conveniently communicated with me over the email stating he has left her and take him off from tenancy. He would not communicate with me on phone and has disconnected his previous telephone number. I have managed to locate his alternative address via trace service and that's the time he communicated via email "you attended my mum's house I do not live there, imagine if my mum was there this would have caused her distress" As I left him note to call me.

by Simon Hall

14:52 PM, 23rd January 2017, About 5 years ago

I just withheld the number and she said, I do not owe you any Rent. We will take you to Court. I think she will try to say that she has paid me in Cash!

by Chris Clare

15:03 PM, 23rd January 2017, About 5 years ago

Reply to the comment left by "Simon Hall" at "23/01/2017 - 14:52":

Let her, the Judge will expect her to prove that one, especially if all other none disputed payments had been made using other means. Judges are not stupid.

by Simon Hall

15:10 PM, 23rd January 2017, About 5 years ago

Reply to the comment left by "Chris Clare" at "23/01/2017 - 15:03":

Thanks Chris, this is reassuring.

by Simon Hall

17:10 PM, 23rd January 2017, About 5 years ago

As well as serving them with Section 8 & Section 21 Notice, I have also issued them with "Online Money Claim"

by Michael Barnes

19:29 PM, 25th January 2017, About 5 years ago

Reply to the comment left by "Simon Hall" at "23/01/2017 - 17:10":

1. Notices must be in names of all named tenants.
2. You can chase the boyfriend for arrears.
3. persuade the boyfriend to give notice on the tenancy: that will end the tenancy for her as well.


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