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Well, this is a first for me. We have a flat, which tenants have not paid rent last month or this months day. I have had a few wobbles with tenants in the past, usually sorted by them agreeing to pay up or leave asap without recourse to legal process.
I have had to issue legal notice to quit this morning and have been trying to persuade them to sort things out. They now do not answer the phone, only text.
It is a young family, and they get tax credits, plus I know where she works (so know she has income) and he is self employed contractor working on Beauly-Denny and Rannoch contracts. They clearly have some money coming in, but no attempt to make a penny of payment.
It is so tempting to go round and take his tools that are stored in the hallway as 'deposit', but I know this will land me in trouble much quicker than them over non-payment.
Arse.
Ask Renton, he seems to have loads of tenant problems, so can probably advise you better!
*Fires up the George-Orwell-ometer and grabs a bacon butty. This could be a good one*
You start by grabbing the throat, like so.....
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Then its a simple choice of weapon.....
Ooooo, being a landlords easy dosh til something like this happens.
Get down to CAB perhaps...Nothing else to offer except good luck!
Ooooo, being a landlords easy dosh til something like this happens.
Indeed. 😐
[u][i][b]Get legal advice.[/b][/i][/u]
Assuming this is an ast (I do not know about anything else)
1) you can issue [url= http://en.wikipedia.org/wiki/Section_21_notice ]section 21[/url] notice giving two months notice to quit. If the statuatory period has elapsed or will elapse by the time the notice comes due. IE if a 6 month ast you can issue before the end of month 4 so that it coincides with the end of month 6. It is only valid if issued on or before the rent day. So if the contract runs 11th of the month (assuming this flared up yesterday) then you can issue s21 now, and it will be two months from the next rent day 11th march - so out by 11th may.
2) Or you can issue [url= http://en.wikipedia.org/wiki/Section_8_Notice ]section 8[/url] notice using ground 8.
Ground 8Used when the rent is still in arrears on the date that the Section 8 notice is served and on the date of the hearing. Where rent is due weekly or fortnightly, at least 8 weeks’ rent must be in arrears. Where rent is due monthly, at least two months’ rent must be in arrears. Where rent is due quarterly, at least a quarter’s rent must be in arrears by more than three months. Where rent is due yearly, at least three months’ rent must be in arrears by more than three months.
But section 8 it is not mandatory so you will have to go to court, this may be quick under accelerated possesion.
In the event the s21 notice is valid and elapses, the tenant may decide to stay, then you need to go to court to get an eviction order.
Learn the rules, get your ducks in a row, suck up the pain, move on.
All property is theft, apparently....
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binners - get a picture of Marx up and I can call Bingo! 🙂
I guess you're in Scotland so the law is different, be careful of following advice for Englandshire tenancies.
It's harsh but if you're in the business of renting you need to be prepared for this happening, i.e. get some professional advice if you don't already know the law.
....be careful of following advice [s]for Englandshire tenancies.[/s] written on bike forums....
Matt, you can mail me if you want to
Cheers all, we have legal advice and are working to it.
I am also still trying to speak/meet so that an amicable settlement can be sorted - ie they leave, I get to decorate and re-tenant asap.
Ooooo, being a landlords easy dosh til something like this happens.
It's not really, I've been there.
get legal advice, get them out, if not take some mates and offer to help them move.
@mikewsmith - There are kids involved so the sledgehammer approach is a no go in this case.
I guess you're in Scotland so the law is different, be careful of following advice for Englandshire tenancies.
Doh. My bad. Ahh yes I know eff all about scottish tenancy, sorry ignore all my last post. I keep forgetting that the S in STW stands for scottish. 😀
Cheers all, we have legal advice and are working to it.
I am also still trying to speak/meet so that an amicable settlement can be sorted - ie they leave, I get to decorate and re-tenant asap.
Happy days, amicable is key and getting your legal dudes on to it is easily the best way forward.
Steve-Austin - Member....be careful of following advice for Englandshire tenancies. written on bike forums....
Matt, you can mail me if you want to
Steve, we have had your sideways attempts to insult me before, can you try and be civil?
I never said sledge hammers, just the personal touch sometimes helps.
YGM
Ben
No I did, I interpreted what you put.
I've just been issued with a Notice to Quit by my landlord. But that's because he's a **** who won't fulfill his obligations and has got fed up of me telling him how to do his job 🙂
patriotpro - Member
No I did, I interpreted what you put.
Once all else fails there are entitles to take the piss as much as they like. Saying hello I'm your landlord kindly considering f'in off may do the trick.
I have had some sh*tty tenants and wish I'd gone round before they were forced out.
I am a landlord & there is a legal route to repo but the best thing is go & have a word. State clearly what yr intentions are - no-one wants a judgement against them so they will go when they know the consequences.
Good luck, maybe take a witness just in case they become professional tenants & make counterclaims.
You can go down the legal route, but that can take time, money and effort, and you are unlikley to recover lost rent quickly (if at all).
Either way, serve notice then often the quickest easiest way is to offer them an insentive...
I.E. they currently owe this, and last months rent (2 mts)
Offer to them, that if they leave before the end of the month, leaving the property in good condition, you will write off one months rent, and not take any further action.
Be clear that if not, you will get a CCJ against them for the full debt, and a court ordered eviction.
at least that way you will get them out soon and can re-let the property.
you will get a CCJ against them for the full debt
I always like the sound of this but, whilst I dunno about scottish law, in England I have found ccj's in practice to be not very effective as a deterrent..
Yes I would generally agree, that in practice its probably not worth going for a CCJ, but, it will help insentivise them to leave promptly, and not trash the place on the way out...
Same situation here .
And he lives downstairs.
Paid every week without an issue for 2 years , then changed job to mothly pay . I have had 2 odd cash payments and then nothing for Jan or Feb , with 1/2 Dec still outstanding.
Been a reasonable tennant , but Im not a charity . Will have to MTFU and sort it soon.