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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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I have a tenant who now owes me 3 months rent dating back to

Customer Question

I have a tenant who now owes me 3 months rent dating back to February last year. [email protected] agreed a payment plan in August for 2 months outstanding rent, then they failed to pay again in september. The council is now paying £456.92 per month leaving a short fall of £143.08 for the £600 rent pcm. The tenant agreed to pay £200 per month, which he didn't do in November and has so far failed to pay for december
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

How can I help with this please?
Customer: replied 2 years ago.

As above


 

Customer: replied 2 years ago.

the answer is

Expert:  Jo C. replied 2 years ago.
Would it be possible to give me the information I asked for?
Customer: replied 2 years ago.


what information?? all the detail is in the question


 

Expert:  Jo C. replied 2 years ago.
Yes, but there isn't a question there?
Customer: replied 2 years ago.

I have a tenant who now owes me 3 months rent dating back to February last year. We agreed a payment plan in August for 2 months outstanding rent, then they failed to pay again in september. Total 3 months outstanding.


The council is now paying £456.92 per month leaving a short fall of £143.08 for the £600 rent pcm.


The tenant agreed to pay £200 per month, which he didn't do in November and has so far failed to pay anything for december.


I now want them out and want to retreive the outstanding rent plus interest as stated in their tenancy agreement

Expert:  Jo C. replied 2 years ago.
Yes, I've read the facts.

What is your question about this?
Customer: replied 2 years ago.


Where do I stand?? can I employ a debt recovery agency and get them out

Expert:  Jo C. replied 2 years ago.
No, you need to get a possession order from the Court to evict them if this is a rental property. You cannot just evict them. That is a criminal offence.

You need to serve a S21 and a S8 notice upon them if you haven't done that already.

The S8 notice needs to cite grounds 10 and 11 and, if they are more than two months in arrears, grounds 8. You only need to give 14 days notice on a S8 notice. That is not particularly slow. The delay is usually caused by the possession claim before the court.

You can issue here

https://www.possessionclaim.gov.uk/pcol/

Its not expensive to do that.

How long it will take depends on the court listings in the area but you can seek accelerated possession so its much quicker than it used to be.

You should get an order instructing them to vacate within 14 - 28 days. A judge can give them up to 42 but there’s no justification for that here. I would brace yourself for 28 days though given that this is a private residential tenancy.

Then if they fail to go you can apply for Court bailiffs to evict them. Again, this depends on the pressure upon them in area but its much quicker than it used to be. They do have to serve proper notice upon the tenant of the date they will attend which usually adds about 2 weeks. Thereafter though, they will evict them.

Its quite unlikely to come to that though. Mostly tenants don’t wait for bailiffs to attend.

Hope this helps. Please let me know if you need more information.

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