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Tenant Not Paying Rent
Hello
Would appreciate any advice here please............my tenant with a 6 month shorthold tenancy agreement commencing 24/10/2011 has not paid rent since then...................ie the 24/11 and 24/12 payments are o/s.
He has given various excuses................. employment problems, health problems, neice dying of a terminal illness and promised me payment many times, either offering to deliver it to me and not, or asking me to pick it up and not being there.
He doesnt seem to be living in the house, he says he is living at his sisters/ mothers house but will be returning.
I have offered to waive the o/s rent if he will move out, but he just promises to pay and has now got shirty saying i have not right to ask him to leave.
Any help ??
Would appreciate any advice here please............my tenant with a 6 month shorthold tenancy agreement commencing 24/10/2011 has not paid rent since then...................ie the 24/11 and 24/12 payments are o/s.
He has given various excuses................. employment problems, health problems, neice dying of a terminal illness and promised me payment many times, either offering to deliver it to me and not, or asking me to pick it up and not being there.
He doesnt seem to be living in the house, he says he is living at his sisters/ mothers house but will be returning.
I have offered to waive the o/s rent if he will move out, but he just promises to pay and has now got shirty saying i have not right to ask him to leave.
Any help ??
Answers
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Happyone2, I don't envy you at all.
When my (ex) tenant stopped paying the rent she did it big time and recked the house. It took a couple of months to fix it all back up.
You have had bad luck that he has bumped you so soon after moving in!
Other than a couple of big blokes and a baseball bat (which unfortunately I beleive is not a legal way to get your rent or property back) can you give him notice to leave for the end of his 6 month contract.
Although I bet he won't pay another penny he will at least be under no doubt that he has to leave.
When my (ex) tenant stopped paying the rent she did it big time and recked the house. It took a couple of months to fix it all back up.
You have had bad luck that he has bumped you so soon after moving in!
Other than a couple of big blokes and a baseball bat (which unfortunately I beleive is not a legal way to get your rent or property back) can you give him notice to leave for the end of his 6 month contract.
Although I bet he won't pay another penny he will at least be under no doubt that he has to leave.
Did you get a written tenancy ?
There should be a clause - in the event of non-payment of rent.....
from what you said it is clear he has done this before
and has no intention of ever paying
so......
download a s 21 notice
and fill it out
remember the date of expiry should be the last day of the month
and the notice should include two rent days
and you have to serve it personally on him
So......if he pays rent on the 5th Jan for the month of Jan
then the two rent days are the 5th of Feb and 5th of Mar
adn the soonest you can ask for possession is 31st March
Oh and that is the last day of his tenancy
problem solved - you dont have to think about breaking the agreement but just determining (ending on the due date) it
problem solved
Bigglz advice is against a few laws - prevention of harassment act springs to mind - but you havent been allowed to brek in for a long time (1351 statute of forcible entry) however if his burglar alarm goes off.....or if he has locked a dog inside and isnt feeding it........
Not every tenant wrecks the house
but my God......
refusing an offer to waive and move out is a BAD sign
you may well have to go to court
There should be a clause - in the event of non-payment of rent.....
from what you said it is clear he has done this before
and has no intention of ever paying
so......
download a s 21 notice
and fill it out
remember the date of expiry should be the last day of the month
and the notice should include two rent days
and you have to serve it personally on him
So......if he pays rent on the 5th Jan for the month of Jan
then the two rent days are the 5th of Feb and 5th of Mar
adn the soonest you can ask for possession is 31st March
Oh and that is the last day of his tenancy
problem solved - you dont have to think about breaking the agreement but just determining (ending on the due date) it
problem solved
Bigglz advice is against a few laws - prevention of harassment act springs to mind - but you havent been allowed to brek in for a long time (1351 statute of forcible entry) however if his burglar alarm goes off.....or if he has locked a dog inside and isnt feeding it........
Not every tenant wrecks the house
but my God......
refusing an offer to waive and move out is a BAD sign
you may well have to go to court
Of course you should go down the legal route, but personally, if I were in your boots, I'd do what a friend did and change the locks and remove his possessions to a place of safe storage.
When he turns up, allow him access to his possessions, but not let him access to the property.
My mate did this and told his tenant to sue him. He never heard any more, and the tenant probably went on to rip somebody else off.
This is your property and he is taking the rise out of you.
When he turns up, allow him access to his possessions, but not let him access to the property.
My mate did this and told his tenant to sue him. He never heard any more, and the tenant probably went on to rip somebody else off.
This is your property and he is taking the rise out of you.
1. If you do what flip-flop suggests it may work but it is illegal. If he knows the law & wants to be bloody-minded he could take you to Court & you would be guilty.
2. You do not have to leave things until the 6 months are up. He is already 2 months in arrears with the rent so you can start a Court claim now for eviction. Talk to your local CAB for advice, or go to the County Court office & ask them. You need to claim under ground 8 - which means the Court has to order eviction.
3. The only problem is that he might (if he knows the law) pay sufficient before the Court decision date to bring the arrears below 2 months, & he would then not be evicted. You might be able to get round this by making your Court application on both Ground 8 & Ground 11 - tenant has persistently delayed paying rent. The latter is discretionary so the judge might not grant eviction if the arrears were below 2 months.
2. You do not have to leave things until the 6 months are up. He is already 2 months in arrears with the rent so you can start a Court claim now for eviction. Talk to your local CAB for advice, or go to the County Court office & ask them. You need to claim under ground 8 - which means the Court has to order eviction.
3. The only problem is that he might (if he knows the law) pay sufficient before the Court decision date to bring the arrears below 2 months, & he would then not be evicted. You might be able to get round this by making your Court application on both Ground 8 & Ground 11 - tenant has persistently delayed paying rent. The latter is discretionary so the judge might not grant eviction if the arrears were below 2 months.
Another thought. On your Court claim you have to put his address so he can be sent the documents. So far as you know, the rented property is his address so documents will be sent there. If he really isn't living there he might never get them so this could make it easier for you to get the Court order.
As your tenant signed the agreement he is liable to pay the rent for six months whether he lives in the property or not and has security for a minimum of six months, providing he adheres to the terms of the agreement, if he has not paid the rent you will have grounds for possession but it must be correctly done.
You must first serve a notice on the tenant specifying the ground under which you are claiming possession and attach to this a notice of the rent arrear. Allow two weeks for the tenant to pay and if he does not file a County court summons and particulars of the claim. You should attend court with full particulars and the Tenancy agreement, you will have to satisfy the court that your request for possession is reasonable, if your grounds are disputed, your evidence may be disputed by the tenant.
You must first serve a notice on the tenant specifying the ground under which you are claiming possession and attach to this a notice of the rent arrear. Allow two weeks for the tenant to pay and if he does not file a County court summons and particulars of the claim. You should attend court with full particulars and the Tenancy agreement, you will have to satisfy the court that your request for possession is reasonable, if your grounds are disputed, your evidence may be disputed by the tenant.
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