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2+ month rent arrears, no deposit protection, what to do.

Started by ABos, November 21, 2016, 04:24:10 PM

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ABos

This is my sisters predicament.

A 6mth AST started in March 2016 with a tenant who she like when she met her as a prospective tenant. No checks where done.

My sister is not a landlord by choice. Work move and not able to sell in the area or market forced this.  As such she has no knowledge of Deposit scheme. She got the tenant via an agency and due to the delay in the deposit being paid and my sister saying she would deal with her own rent collection the matter got overlooked.

Half the deposit of £525 was paid, the other half was paid later in April 16. It wasn't secured in a deposit scheme. The tenant has been late with all rent payments and is now in arrears of 2 clear months and owes 2 part rent payments for earlier months £1525 is owed in total. More than 2 months.

The tenant is aware the deposit wasn't secured. A section 8 notice has been served yesterday for late rent, arrears and still outstanding rent. I have told my sister to register the deposit now (better late than never)

The tenant is savvy and has told my sister she could get 3x the deposit as compensation. The tenant has also stated the condition of the house is why she hasn't paid the rent, as she is making repairs (i know she can't use this as a reason not to say the rent). The tenant has never written to my sister about the condition of the house, save for a txt 2 months ago to say some plaster has come off the wall. My father attended to look at it and was refused entry by the tenant. Other than that she has never heard of the repairs the tenant claims.

the tenant states she would welcome her day in court at a possession hearing.

Should my sister continue with the Sec 8 notice then make application to court for the possession notice, or try and discuss the whole issue with the tenant.

The tenant is REALLY vicious and vile to talk with. Very very angry person in all respects.

Many thanks

Hippogriff

Well, discussion is always going to be better than Court.

However, sometimes it is just best to break all ties and try to move on. If the Landlord is unsure of how to go about all of this, exactly, then maybe employing some kind of eviction specialist would be beneficial. You see them mentioned on all these programmes about Landlords and Tenants. Could be cost-effective and quick(er).

ABos

Many thanks.

Ive been to see the agent who 'found' the tenant. They are shocked by her behaviour, and by a tenuous link, they know here family.

She has only paid £300 of the £525 deposit and my sister thought she could only deposit when she had it all. Lesson learnt for her.

The tenant states she has somewhere to go by the 27th, fingers crossed.

Ill update in due course.