If your tenant has stopped paying you rent you should:

1. write a letter to them, asking them why and advising them that by failing to pay you rent they risk you serving them with a S8 or S21 notice.
2. If they fail to get in touch, it may be worth sending a Solicitors letter to them.  It is often looked at as a more formal response, that you are 'serious'
3. If this had no effect, then you should consider serving a notice on the tenants.  You can either serve a S21 notice (for 2 months) or a S8 notice (for 2 weeks)
4. If the Section 8 notice has no effect, then you may have little option but to apply to Court for a Court order.

What if my Tenant has advised me that there is disrepair, can I still serve a notice?

1. If the property is in England and you have been served with a notice by Environmental Health, then you first of all must make good any repairs that they have found.
2. the tenants should not stop paying you rent just because there are repairs outstanding.

What are the cons for serving a S8 notice?

1. Well you will have to attend Court.
2. The Tenant could put in a counterclaim
3. if you do not get the best advice, then it could  become a lengthy process.

What are pros for serving a Section 8 notice:

1. You only have to give 2 weeks notice
2. if the tenant owes you more than 2 months rent at the time of serving the S8 notice and when you attend Court, the Court has to order possession
3. You can make a claim against your tenant and he/she could end up with a county court judgement against them.
4. if a defence is filed and you are successful, you can claim your costs over and above your fixed costs.

To find out more about the best way of recovering your rent, then please call our housing team.  

If you are a tenant, then you will have the right to rent a property free from disrepair.  You should live in a property that you are proud to call your home, free from hazards and safe for you and your family. Your Landlord has a duty to make the repairs, maintain your property and keep it safe for your to live in.  Sadly this is not always the case, some Landlords happily take the rent, but are not happy about making the repairs.  So if that is the case, what are your options as a tenant? what are your rights?

Tenants rights regarding getting a property repaired:

Your rights are contained in the Housing Act 1988, which has been amended. Your rights are that:

1. the internal and external structure of the property should be kept in repair
2. that all essential services should be in good working order (gas, electricity, water, sewerage)

If your Landlord is failing to maintain and repair, then you should:

1. write a letter to your landlord explaining about the issue you are facing.
2. If your landlord fails to make any repairs then talk to a housing solicitor
3. If the Landlord continues to ignore your situation, then you should consider forcing him/her to make the repairs.

If your Landlord is failing to maintain and repair, then you should not:

1. fail to report the problem
2. withhold your rent, withholding your rent could result in you losing your home.

What if my Landlord serves me with notice because I have advised him/her about the disrepair?

1. if you live in England you could be protected from this, it is known as 'retaliatory evictions'.  To find out more about retaliatory evictions, follow our blogs or call our housing team for free legal advice.

What if I cannot afford to pay for a Solicitor?

1. then you should ask for a Solicitor that can take on your case without charging you an up front payment, and if you lose your claim, will not charge you their costs.  This is known as a 'conditional fee arrangement' (NO WIN NO FEE).  Newbold Solicitors can take on cases under a CFA, if you call our team, we can help you further.