UK Landlord Forum / Life

Hi All,

I am a first time landlord, we have let our house out via an estate agent. All the checks on the tenant came back ok and she even offered to pay 6 months up front, provided a guarantor and references all checked out. We decided just to give her a 12 month tenancy and have the rent payed every month. First 2 months everything was fine then she stopped paying. She claims she has paid but cannot provide any proof so we have had to go down the section 8 route. We have a court date now set but as I am a first time landlord I am unsure of how these things tend to end up? how quickly will she be evicted? Will we get any form of financial compensation via the courts as not only are we loosing the rental income but the legal cost is in excess of £1000 (inc court fee)!!. I didn't realise how much the law seems to favour tenants in these cases i.e have to be 8 weeks in arrears etc. Is there anything that we could do differently if we decide to let the house after this has been sorted to speed this process up should we have a reoccurring issue?
Thanks in advance

The law does not favour Tenants - it's equitable. It's just feels like that. Surely you aren't going through all of this on your own? Timescales can be prolonged - you just have to watch the programmes on the telly.

Did you not take the 6 months up-front as offered? You mention that, but then say she stopped paying after 2 months. Has she paid 2 months, 6 months or 8 months? That's not clear to me.

In future - whatever you do - please start out with a 6 month fixed term tenancy. Then extend it if you want, or - preferably - go to SPT (month-by-month, rolling). I realise an Agent is in the middle of this. Is rent being paid to the Agent or is it coming direct to you? If someone is claiming it has been paid there is usually a paper trail. This is a bit strange because you are saying she claims she has paid but cannot provide any proof - but surely you, or your Agent, can prove she has not paid - then you correct her?

I mean - please don't think admin. cock-ups cannot happen; they absolutely can.

We have a court date thankfully for 20th Nov but just wanted to know what the likely outcome and timescales are for eviction after this, we opted to give her a 12month payable monthly tenancy rather than a 6 month upfront one (stupid now I know!!) The rent is being paid to the agent but again they have been asking for the ref/bank statements to prove that its been paid this has never been produced even when the initial sect 8 letter was issued the solicitor was given the same story but no evidence was ever produced to them either!

Why do I have a sense of unease that the problem may lie with the Agent? I do hope not.

Although why would the solicitor have been told the same by the tenant and again no proof of payment has been shown? Is it normally a 2 week to vacate period when it goes to court? I am keen to get this tenant out and re-let the house as you can imagine having a mortgage to pay and no rental income to help with it is a pain.

You seem very removed from the situation, with various third parties telling you this and that. I would be in there myself. You assume - of course - you will be successful at Court - a Section 8 is nothing if not unpredictable. You could be well into 2018 if your Tenant, for example, turns up with some kind of suitable defence, or makes a claim of paying and is given more time to obtain proof (or your various third parties are asked to prove the negative adequately - which I guess you're expecting they can do right now?); Courts do not kick people out of their homes willy-nilly.

I, for example, am still not clear as to whether the Tenant has paid 2 months, 6 months or 8 months... I asked the question, but you didn't provide clarity. If the Tenant paid 6 months up front (which you state was offered) and then paid 2 months (you say everything was fine up until then, and then the Tenant stopped paying) then isn't the Tenant 8 months up?