Ongoing Tenant Payment Problems

[cassa333]

I know, I know I am a sucker but I felt sorry for my tenants when they said their bank account had been hacked and that was why the rent hadn't been paid. When this is sorted out I am going to get an agent to deal with the house.

I am now at the end of my sympathy and need advice once again.

We came to an agreement on the rent arrears to be paid in instalments deferred for a couple of months. (I signed the agreement while I was in hospital recovering from emergency surgery. I was actually heaving into a sick bowl at the time lol). I have since had an opportunity to actually read it and have asked for amendments that make it fare to both them and me (it was very much in their favour with nothing about what would happen if they didn't pay etc and it also asked for verifiable proof of the hacking!.) However they haven't signed and have not contacted me about anything to do with the arrears and the very next month the rent wasn't paid. The month after that was paid and that brings us to this month not due until the end so I will wait with baited breath)

What I would like to know is: Can I give notice with a section 8 notice to quit based on the 8 months non payment and this latest arrears given that there is a re-payment plan in place?

Thanks

[lankeela]

How can it be in pIace if they have not signed it?

[cassa333]

We both signed their original agreement while I was in hospital. They haven't signed the updated one I wrote that makes it fare to both of us and puts the onus on them to pay the arrears or face penalties if they don't pay without written agreement.

[woofgang]

well honestly why would they sign something that was less beneficial to them? have they complied with the agreement they did sign?

[cassa333]

I understand they don't have to sign the new agreement but tbh if they don't I will look for any way I can to give them notice. The essence of the agreement is the same they just have penalties if they don't keep to it.

[themas]

I assume this is an assured shorthold tenancy. If so & they are two months in arrears at the date of the Court hearing the Court has no choice in the matter - they must grant an eviction. The repayment agreement is irrelevant (unless it committed you to not take Court action, & even then I doubt whether a judge would take any notice of it if the tenant had not abided by it). If you want to confirm this speak to your local Court office.

Of course, getting the Court order is not the end of it. You have to go through more hoops before you get a bailiffs warrant of execution.

[Peter Pedant]

yes the answer is yes

goggle rent arrears eviction uk

there are tons of link just follow them

actually you dont need advice you just need to persuade yourself that they really are conning you

I had " I have sent it to someone else"

and it was a shame - she expected me to " go get"
then we had an agreement
then we had another agreement
and then she went on holiday with another months rent
and then she fled
and then she had a CCJ
and then she left the house she fled to owing rent
and now she owes the sheriffs three grand

and my heart does not melt at all when I hear her name

[cassa333]

You are right of course. It needs me to be more determined rather than wanting to believe the best in people :(

The tenancy started on the 12th of the month. Do I have to wait until the day before rent day to give notice or can I do it before and give two months and the extra days until the rent day... If that makes sense?

Thanks

[ukbod2015]

Sending them a letter of intent to evict may evince the required action - you`ve been perfectly reasonable and they ae just running through the apologists list of ways not to pay your rent.

[Peter Pedant]

re read your links - cassa

you have mentioned the notice period for a s21

ground 8 or s8 requires two weeks notice - so give them three weeks from the day just to be sure

actually once you do this you get used to it
it is a bit like going to the dentist - once you start it gets much easier.

[cassa333]

I sent a section 8 notice of Friday and got an email from the tenant yesterday.

I am confused by her first statement about dates but that could be my fault!! I dated the letter I wrote and sent the cover letter on 17th and the section 8 as for the 20th giving two months notice from then. I did that so that she couldn't say she wasn't given the proper two full months notice.

I think the jist of the rest was that because of the repayment agreement and I had acknowledged she had paid a later months rent (after the 8 months and further 1 month) I couldn't include that as part of the notice. She also seems to think the latest missed payment is part of the repayment agreement. Which it isn't.

She also said I was harassing her and that she would seek legal advise at the earliest opportunity.

Once you have told a tenant that they are in arrears but they don't acknowledge the communication in any way, how long are you supposed to leave it without reiterating the arrears? Also if they do finely contact you and say they will get back to you on a specific date/time and don't is it reasonable to contact them?

[cassa333]

Getting a bit worried now as someone from the local council phoned while I was out wanting to talk to me about the s8 notice.

I think the tenant is going to say I am harrassing her for rent arrears that is covered by the repayment agreement. But I am not. I am asking for the next months rent that wasn't paid. She seems to think that because we signed on the date in June that it covers the May payment. But it doesn't and tbh she knows that.
.
I can tell she will end up being difficult and not leave till a court order.

[cassa333]

Well thats a bit of a blow.

Because I signed a new tenancy agreement (while I was in hospital recovering from major surgery) I can't give a section 8 notice on the arrears previous to that.

I wonder if I could get the agreements thrown out due to diminished capacity??

[themas]

Who told you that? It seems to me you need to go over all the details with an experienced housing law solicitor so that you can be advised on the best way to proceed.