Updating post from Reddit.
Hi all. We have one flat where recently the tenants (brother and Sister) have been paying late. Not at the start, but for about 4-5 months. Generally hard to get hold of but there was comms. late rents paid and at the time for one month had the rent broken into a payment plan which they cleared. Then it was fine for a month and now, they are over 2 weeks late for last months rent and haven't communicated at all regardless of multiple chasers. Agent has inspected the flat in general and they are still there but still no word at all on late payment. Either way their agreement ends in Feb and we have no plans to extend with them, but assume they don't pay the arrears, what's the process to get a CCJ applied or somewhere I could learn about what I can do? I'm all for throwing the book at them if I won't get money back so another landlord doesn't have to deal with them. It's the only property I don't have rent protection as it was missed since we took it over from another LL.
Just because the agreement ends in February doesn’t mean the tenancy ends also. Hopefully you are aware of this and the need for a properly issued section 21.
Missing rent, depends what it says in the agreement, if nothing, then you can start a claim now, small claims court, apply online.
According to .gov.uk you can use a Section 8 eviction if the tennants have broken the terms of the lease, for example, not paying rent. I would see if you can get a specialist in as well to make sure you get the process correct though, as I am not a lawyer.
Needs to be 2 months arrears for a section 8.
That's for the judge to grant the possession order without question.
You can serve a S8 prior to 2 months arrears but it isn't recommended unless there are lots of other terms of the contract broken also.
Can also serve it for repeated late payment
Don’t faff with a s8, use s21 they can’t argue or do both
Makes sense. My logic went along the method of breach of conditions = potential section 8, go check with a specialist
The process to get a CCJ is:
I hope you did the referencing correctly and that you have rent protection insurance in place. At worst, it can take up to a year to get rid of tenant who are not paying their rent.
Referencing was done and is out of character as they have been at the property for a while even before we took over. A section 6a has been given to advise we won’t continue with them but I’ll speak to our lawyer about a section 8 or 21
Good luck 👍