Potential Rent Arrears May 2013
Rent Arrears

2 Thanks
9 Posts
10 years ago
I am anticipating an arrears situation because one of my tenants is very late in paying this month. On June 1st the tenant will be 1 month in arrears. Communication is proving difficult; tenant not responding to texts (polite) or letters. So I do not want to delay serving a notice to quit because of the time involved. I will be 3 months out of pocket by the time the notice expires and then I don't know whether I will get possession without obtaining a court order. I have 5 specific questions:-

1) Is it necessary to get the noticeto quit served through a solicitor? Or can I do this? I would rather try and save money at this stage if possible.

2) The tenancy is an Assured Shorthold Tenancy under the relevant clauses of the 1988 & 1996 Housing Acts. It is on a 6 months basis and commenced in January 2012.
I understand I need to give 2 months notice of termination. Please confirm the correct category of notice for this purpose. Just to clarify I do not wish to pursue the tenant for arrears through the courts; I just want to get possession as soon as possible.

3) I want to give the tenant every opportunity to come to an amicable agreement. Ideally I would like to "start the clock ticking" by serving notice to quit asap but at the same time intimate that this can be withdrawn subject to satisfactory personal agreement being reached.Is this approach advisable or does this it undermine the legal effect of the notice served?

4) Should the tenant not leave at the end of the notice am I able to get advice from you as to how to obtain a court order? Or do I need at that stage to instruct a solictor?

5) Is it possible, following obtaining possession, to pursue any arrears through the small claims court and can you offer any guidance if and when this issue arises?

Thank you in anticipation of your assistance.

Andrew Cookson

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