serving a section 21

[Arborbridge]

I think you're being too kind here Arb. It would have worked previously if he'd carried out better finance-management, even with the job-payment situation he's got now.....

Similar to how HYP-payouts in retirement may be 'lumpy' month to month, that situation is fixed by carrying a 'float' account, into which those lumpy dividends are paid, but which should always float well above the monthly-payout amount.

It sounds like this guy needs to fix his money-management in a similar way, and perhaps raising this with him at the same time as any other 'payment-issue' conversation might trigger a light-bulb moment for him and perhaps help to solve your issue even if his new steadier job doesn't materialise.

Good luck - it sounds like a difficult situation, but it's heart-warming to read that you're trying to work out a solution with him that might still maintain the tenancy.

Reading the mainstream press nowadays tends to pain all landlords in an extremely poor light, but reading TMF and these boards over the years has shown me that this simply isn't the case, and that there are many, many landlords that wish to find solutions to these types of issues that are amicable to all parties involved. Long may that continue....

Cheers,

Itsallaguess

Too kind? possibly.

Finding solutions to issues and the desire to come to a fair resolution is only doing what I've done all my business life. The best agreement is one in which both parties come away reasonably satisfied.
I also learnt that driving too hard a bargain or causing bad feeling amongst those we deal with can often go wrong, simply because in business one never knows if that person you have just offended might be able to help you later.

Arb.

[GoSeigen]

"GoSeigen wrote:
You can't ask him to leave. Please don't think about it in those terms."

I wonder what the difference is between a notice saying the landlord is "seeking possession" and asking to leave. I notice on the form 6A, kindly linked modellingman, the form of words is; "You are required to leave the below address after [ ] If you do not leave,
your landlord may apply to the court for an order under section 21(1) or (4) of the Housing Act 1988
requiring you to give up possession. "


I know the law is full of semantics and accuracy, but it seems to me that this indicates that seeking possession results in asking to leave by that date, although enforcing that legally would become a separate operation.

However, for the moment this is on the back burner since I have decided not to serve the S21 this month, which will give me time to write about the contract and for us to come to some agreement. If I lose a month of more, so be it - jaw jaw being better than war war.

Arb.

Well, I think the full form quoted is fine, because it makes clear the legal basis and right of the tenant to defend the action in court. Our last two landlords simply wrote "We want you to leave by..." without mentioning either the grounds or any recourse the tenant had. This is of course illegal and if we'd defended the eviction it would have resulted in summary dismissal of their court application, so pretty pointless from their point of view.


What I was saying Arb, perhaps ineptly, is that if you want to be sure of getting your Tenant out, then save yourself a headache by getting the details right (and per the caveat in that first reply, I was wary of teaching grandma to suck eggs).


BTW, we've rented for many years now and don't think we've ever needed a reminder about overdue rent. Perhaps that is rare, but ISTM your tenant is taking the mickey. If I did that, I'd fully expect the landlord to give me a strict and final ultimatum along the lines that rent is to be paid in full on time every month -- how to achieve it being up to the tenant but a good way might be to set up a standing order a few days before due date so that there are a few days spare to deal with problems.

If the tenant is no trouble in all other respects and a decent guy, then if late payments continue you have a tough decision. But if you are getting other grief from the tenant, then why not get the final warning out of the way now? If it works, at least you don't have to worry about the rent and can deal with the other issues in a better mood!

Clearly costs need to be thought of, i.e. voids etc, but often the hidden hassle factor is not fuly accounted for...


GS

[Arborbridge]

What I was saying Arb, perhaps ineptly, is that if you want to be sure of getting your Tenant out, then save yourself a headache by getting the details right (and per the caveat in that first reply, was wary of teaching grandma to suck eggs).


BTW, we've rented for many years now and don't think we've ever needed a reminder about overdue rent. Perhaps that is rare, but ISTM your tenant is taking the mickey. If I did that, I'd fully expect the landlord to give me a strict and final ultimatum along the lines that rent is to be paid in full on time every month -- how to achieve it being up to the tenant but a good way might be to set up a standing order a few days before due date so that there are a few days spare to deal with problems.

If the tenant is no trouble in all other respects and a decent guy, then if late payments continue you have a tough decision. But if you are getting other grief from the tenant, then why not get the final warning out of the way now? If it works, at least you don't have to worry about the rent and can deal with the other issues in a better mood!

Clearly costs need to be thought of, i.e. voids etc, but often the hidden hassle factor is not fuly accounted for...


GS

First point taken, and I believe my letting agent will make sure of the details.
Yes, the tenant is in effect taking the mickey, but he is in other respects OK, I'm inclined to try to work this one through
in stages - and the next logical stage is the ultimatum about an S21 rather than actually serving one.

I'll keep you posted.
Arb.

[GoSeigen]

First point taken, and I believe my letting agent will make sure of the details.
Yes, the tenant is in effect taking the mickey, but he is in other respects OK, I'm inclined to try to work this one through
in stages - and the next logical stage is the ultimatum about an S21 rather than actually serving one.

I'll keep you posted.
Arb.

I had a thread on this board about a difficult executor in probate. It was excruciating for the people involved, but everyone urged patience and just calmly repeating and repeating the required message ["You must pay the rent on time"], and I'm glad to say, though it took much longer than the average probate, with patience we all got there in the end and without having to resort to drastic measures.

Best of luck.

GS

[modellingman]

I hadn't picked up on the fact that you have a guarantor in place. Assuming that the sister has guaranteed rent payments then, as has previously been suggested by Jon E, you may want to think about how you involve her rather than continuing with the game of "chase rent" from the tenant. The sister's role does give you a valid reason for raising your concerns with the tenant's family.