SMF - Just Installed!

Tenant in arrears

Started by CWood, May 14, 2023, 09:05:01 AM

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CWood

Hi all, I've been a landlord for many years and had success in having all kinds of tenants enjoying their stays long or shorter term.  I have not had to face this situation before.

I've have a long-term tenant who has always been a little troublesome, she has now stopped paying her rent and communication is also thin on the ground.

I have actioned the section 21, which she wants me to stop, but she won't, or cannot pay her rent. I have given her breaks and chances to get back up to date, to try and be reasonable.

In a weeks time she will be one month in arrears, assuming she does not pay, plus 2/3 of the month before due.

Am I within my rights to issue a small claims court summons? Is there a timescale I have to adhere to.

I hope this makes sense. Please ask any questions. Thanks again.

heavykarma

You are within your rights,but it is a bit soon.Before so doing you are required to send a letter before action,giving 14 days to pay up or else.It won't cost you much for such a sum claimed,but of course it does not guarantee a result.If she does not pay it will take many months to go to court (which will cost you again) It could be a lever to get her to pay if she does not want a CCJ on her  record.

CWood

Hi. Thanks for the reply and the advice. I'll pursue this route. I am concerned that she will up and leave and I'll have no forwarding address. I may of course be incorrect about forthcoming payments, but I doubt it.

CWood

One thing, I did forget to mention, is that she has a reliable guarantor, on paper anyway.

heavykarma

You should copy the guarantor in the letter before action.It does not hurt to try,but these contracts are notoriously hard to impose.Experienced landlords won't touch tenants who require one.