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  • HMO & Multi-Lets

    Non paying tenant - is this action ok?

    I've a non-paying tenant moved in early October - now almost 1 month rent overdue - has made some excuses. Suspect person is just irresponsible with money rather than deliberately with-holding payment.

    What some ll's have suggested as less stressful/costly alternative is to simply ask them to leave as an alternative to issuing eviction proceedings while making them aware that this could lead to court and a ccj making it difficult to get a mortgage or loan in the future.

    Would I be breaking some kind of law, regulation or be harassing the tenant by suggesting they move back in with their Mum while getting themselves sorted and set up a re-payment agreement so they pay back gradually what they owe? I know it's unlikely I'd see any of what they owe but I'd rather take this route than potentially lose allot more via eviction proceedings.

    If It's eviction I'd most likely do all through landlord action (interested in your experience with them if used)

    I'd appreciate any constructive thoughts or advice please.

    Many thanks

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    You can ask or suggest. But the emphasis is on ask. You cannot force or threaten (other than the threat of legal proceedings of course)

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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    I'd serve s8g10 TODAY.  Yes, s8g10 may be validly served if only 1p is underpaid for only 1 day.  They might take the hint for the cost of a few pence...

    And explain, verbally, that there will be no reference or a full, honest, one & you feel duty bound to inform council housing dept of their arrears and what being found "intentionally homeless" will mean.

    Don't like people who don't stick to contracts, be they tenant, agent, landlord, MP etc etc etc

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    Do you usually get new tenants to set up a direct debit?

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    I ask them to set up a standing order - I always give them this info before signing the agreement.

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