Hi I have a tenant on a rolling contract who has not paid last months rent and next months is due tomorrow but he says he can not pay as his bank account has been frozen by NCA. He is now refusing to talk anymore to me. So I have handed him a"notice to quit" with 8 weeks for him to leave my property. Is there anything else I should be doing now or in the coming weeks?
- Do you live in the same property?
- If not and this is an Assured Shorthold Tenancy, then a landlords Notice to Quit is of no legal effect. Do you mean that you served him with a s21 or s8 notice?
- If s21, then 8 weeks is too short as the minimum period is 2 months. If s8 then which grounds did you use?
- Is your tenancy monthly or weekly?
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Hi David , Its a rolling tenancy as his ASTA finished in January this year and I did not renew it. He is suppose to pay 1st of every month but now can not, so he says.
Could you answer the other questions I posed.
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No, we do not share the property he lives there with his children and has done for three years.
This is like pulling teeth!
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If you can not help, just say so . This is supposed to be here to with a question.
The answer depends on the things I asked the questions about. If youre not prepared to answer the questions then I cant help.
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Steve 14 - Please don’t take that tone with David122. He is not only one of the most experienced and knowledgeable landlords on here, he also takes great trouble to try and help people. But some people just can’t be helped, they are their own worst enemies, they don’t answer simple questions and they get themselves into pickles because they don’t take the trouble to learn what they need to do. Right now it appears the OP in this thread is like that. Based on the original question they haven’t got the slightest idea how to run a PRS business. The only advice I would give to the OP is to find a solicitor who has experience of residential landlord & tenant disputes and instruct them to manage the case. It will cost several thousand pounds but that’s what the OP ought to do.
You need to get knowledgeable on this or take expert advise.
You need to be aware if you tenant stays put it can take a long time to evict them - you may well use 6-12 month rental income unless they go voluntarily .
But here are some guidelines.
Check if you have complied with all the requirements for landlords when you set up the tenancy (EPC - issuing guide to renting - Gas Safety certs- Electrical safety , Ruight ot Rent checks, Compliant AST agreement etc etc. Check and assemble all documentation NOW
If al is compliant issue section 21
If you are unsure wait until he is two months in arrears (or longer as defined in government guidance) if your rental period is longer than 1 month - then issue a section 8 notice.
Ensure you fill in both documents completely and accurately.
Until eviction is complete send regular statement of rent owed. Do everything in writing on official forms and keep copies of everything.
If you are at all ensure consult a solicitor or evictions specialist - they will ask the same questions and more?
I can understand not wanting to give more info in a public forum - but be aware advise given with only partial information is likely to be poor advise.
In these matters you need to ensure you have EVERY box ticked .
I think I’m right in saying that the day after the second rent payment is missed he is effectively two months in arrears. This means you can start the s8 eviction process 32 days after first payment missed instead of waiting two months. Is that correct?
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