Served section 8 and section 48(new landord notice)

Hi Guys,

I recently bought a tenanted rental property.
I have not received any rent payment for the last 3 months.
I did not know I should send section 3 notice 48- that I am a new landlord.
I have done it now, together with sending eviction section 8 notice of eviction.
The tenants received both letters and are staying quiet.

What do I do next?

All answers appreciated.

All the back-rent is now due. I’d pay them a visit.

Do you mean unannounced or call to arrange a visit?
They got 2 letters today (sent by signed for) and did not hear from them.

How much longer should I give them to pay?As it takes time with court proceedings.

Have you sent any correspondence about the lack of payment Orr spoken with them?

Yes, I was asking them to pay a few times…they were just saying that they are soo sorry and that they will pay.

Id go unannounced, but be prepared toback off if they wont talk or let you in.

David,

Please, could you share your thoughts? What are the advantages of going unannounced?
I received a reply in the end saying that he(the tenant) is sorry for staying quiet and that he will call to explain his situation.

Thank you,
Anna

Ive found that an unexpected meeting or phone call can often provide more honest, unrehearsed answers, but you should do whatdver youre comfortable with.

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Thank you David. I agree with you. You can learn plenty by unexpected and obviously if it is one off that would not fall as harassment.

I would find out how long it has been since they made an actual rent payment. This may have been going since before you became the new owner. If the situation was not reasonably disclosed, then action is possible. Serve preliminary court papers on your tenants as soon as you can. “Quiet” just means passive resistance.

I am not able to find out if thye paid/mot paid before.

The tenants agreed that they will pay the rent plus £60 extra weekly…so hopefully this will work.

Isn’t there any legal requirement from the seller to advise of any rent arrears prior to the sale?

I don’t think the full gamut of consumer protection applies to investor buyers as its essentially a commercial transaction. I’m no expert on this matter though.

I am back to square one as the tenant promised pay 1 wek rent plus £60 extra but failed to make the payment.

The seller confirmed that the tenants are paying/were payint their rent but have not seen any proof(bank statements)

It looks like they were not paying but how would I proof it? And assuming they did not pay, what can I do about it? I need to concentrate on evicitng the tenants and then look into the seller issue.

It seems that there are a lot of landlords buying tenanted properties at the moment and I am constantly banging on about doing full due diligence before you buy. I think I must have written that on about 10 posts recently. It seems that sadly you didn’t do yours, but for the benefit of other landlords yet to complete on the purchase, it isn’t enough to just accept what the landlord says. You need evidence of payment or confirmation from the sellers solicitor to your solicitor that the rent is paid on time and up to date.

@Small provided you’ve served s48/s3 notices and there is no disrepair, you may have to serve notice on the tenant (s8 g8,10,11) when they get to 2 months rent owed. If you have all the requisite evidence of compliance then you may also be able to serve a s21 notice. You can check it here: Section 21 flowchart - Nearly Legal: Housing Law News and Comment

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David,
I served both notices s48/s3 and s8 at the same time.
I put the date for the earliest court proceedings as 10th of March.
It is my first btl and I had no idea what I am getting into.
I visited the property twice over 4 months ago when buying it, so do not really know if there is any disrepair.

The tenants received Section 8 and 10 eviction notice a week ago. Only then they made arrangments to pay weekly the rent plus £60 extra instead of paying every 4 weeks. They promised to pay 2 days ago(on Tuesday) but did not pay.

Am I serving a s21 notice now or just setting a date for court proceedings to evict them?
Not sure as well if I should fill the paperwork myself or get solicitor specialising in btl to make sure everything will be done properly?

If you can serve a valid s21 notice now then do so, but bear in mind that you will have to attach all the evidence of service of the prescribed documents to the court application later. It sounds like you might need some help from an eviction specialist or housing solicitor with this.