UK Landlord Forum / Life

Hello All!!

As in previous posts a complete newbie and finding I am learning lots every day!  I will eventually get there!!

We have a tenant, been there a very long time, is now on a periodic tenancy.

We took over the management of his property on 1st August 2016 (my partner is the Landlord).  Rent was due on 1st August 2016, it didn't arrive, I waited a few days, no rent, so I called him.  He told me "absolute rubbish that he was in any agreement" and that he was going through some financial hardship at the moment and he would pay the rent at some point in August.  He also went on to say that that he didn't he would be bothering to stay in the house much longer and would be out at the end of the month giving us a months notice.  I posted a letter acknowledging and accepting his notice and that we would be down on the 1st September to meet and collect keys.  He verbally agreed this.  He signed for the letter, heard no more.  My partner called him a week before the 1st September, and was told that he would be out by then but would meet him to hand over the keys.

So a drive from Edinburgh to the house in Kent, partner arrived to find no boxes packed and that he wouldn't be moving out just now!  We were not aware of this but he told my partner that he had not paid the rent since April, totalling arrears of £4770.  But his mother had died, his brother was holding onto the money from her estate and when he eventually got it he would pay all the arrears, I suspect he has been saying this since April.

So my question is what is best a Section 21, my honest gut feeling about this, is we are wasting our time, we can give him 2 months notice, but he won't go!  So would a Section 8 be best?? If so how much notice is required??  Bearing in mind the rent arrears just keep going up and he really doesn't give a damn about paying it!!

Any advice would be greatly appreciated.

Thank you again

You need to read up on what a section 21 and section 8 are and the difference between them.

Issue a section 21 asap.  It's an invitation for them to leave and if (when) they don't leave it gives you permission to seek a possession order via the courts.

Hi Riptide

Thank you for replying.

I have read up on the Section 21, bought the download, filled it in and was about to send it recorded delivery tomorrow.  Giving him around 2 months and 3 weeks notice (to be on the safe side).  My concern is that this then adds more onto the arrears.  I know we will never get this back and I also know that he will not move out, which is why I thought go straight for a Section 8.

If it makes it easier on myself, I will send the Section 21st, but will double check on the specifics of a Section 8.

Thanks again

A section 8 does nothing more than a section 21 other than allows you to break the contract if within a fixed term.  Don't send by recorded.   Belt and braces is to send from 2 post offices with proof of postage.  It's then deemed to have been served.  Recorded is easy to avoid receiving.

Proof of postage....again I am learning!  I did worry about sending it recorded delivery, he probably knows it's coming, and is the type who wouldn't sign or collect it!

Thank you!

It is often the amateur or naïve Landlord that thinks they're being clever by sending Notices via Recorded Delivery. It is the canny Tenant who is laughing at you as they refuse to take it, guessing well at its contents. Don't try for short-cuts when dealing with matters like these... actually take 2 copies of the physical letter to 2 separate Post Offices and get a free proof of posting from each. If the Tenant scratches their head at why they've received 2 copies, who cares? If you're worried about the cost of an extra stamp, don't... your worries will be much more than that in due course.