If your tenant has stopped paying you rent you should:
- 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.
- 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'
- 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)
- 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?
- 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.
- the tenants should not stop paying you rent just because there are repairs outstanding.
What are the cons for serving a S8 notice?
- Well you will have to attend Court.
- The Tenant could put in a counterclaim
- if you do not get the best advice, then it could become a lengthy process.
What are pros for serving a Section 8 notice:
- You only have to give 2 weeks notice
- 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
- You can make a claim against your tenant and he/she could end up with a county court judgement against them.
- 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.