Tenant in Arrears - first timer

[3Kings]

Landlord for four years and finally have a tenant that is late. Situation is that an otherwise prompt payer (for the three months they have rented with us) has missed a payment due the 21st Jan. To complicate things they are in Europe till 10th Feb and their mobile phone does not work. I have emailed them but no response. We don't intend to wait till they return before we take action. We plan to:

1 Today issue a 10 day notice to pay arrears as well as pay future payments on time, by hand delivery to letterbox.

2 Today apply on line for a TT hearing. This is on the presumption that the hearing won't be scheduled - give the usual delay - until after the 10th Feb when the Tenant returns. This gives our Tenant a chance to return and pay if it is an oversight. If it is deliberate then we can forward with the TT hearing.

Does this make sense?

Appreciate the groups help...

Stewart

[Bodmin]

Get your paperwork in the system

I agree with all you are doing. At least it is in the system and you can note the return from Europe date on the application form so it can be dealt with promptly on their return rather than dragging on...........

Cheers

[xris]

Hello stewart,

I too think you have done the right thing in the circunstances.

I'm in one of those picky moods today though so here goes.

How can you issue a notice to rectify a breach that has not yet occured? (10 day notice to pay rent on time in the future)

xris

[3Kings]

Good point - I thought I read on this forum that you should include that as well. I may have misread the post...

[wildthing]

Have they been paying via automatic payment?
If not, suggest you get them to do so on their return, as this once set up the chances of 'sorry mate, slipped my mind while on holiday' are greatly reduced.

[xris]

Good point - I thought I read on this forum that you should include that as well. I may have misread the post...

I think I recall the post you are talking about. I came from Win K and I questioned the validity of his '10 day notices in advance' then. Despite Glenn chipping in I still have not had a reply that makes any sense to me. I think he gave the new tenants a 10 day notice when they moved in 'tenant aggrees to abide by the RTA' and he assumed this meant that if any breach later occurred then the notice would take immediate effect. I am as bemused then as I am now.

xris

[Keys]

How can you issue a notice to rectify a breach that has not yet occured? (10 day notice to pay rent on time in the future)

xris

Possibly the situation is that the 10 day notice is to ask for the rent to be paid (as per the TA) and the rent is to remain to be paid (as per the TA)

[Traff]

I agree issue a 10 day notice for rent in arrears and rent to be paid in advance according to the RTA but even if you did that they wouldn't receive it because they are out of the country until the 10th Feb. So how would the tenant know they have been issued a 10 day notice and if i remember rightly this has been discussed before but don't you have to allow a certain number of days for the tenant to acknowledge the letter even if hand delivered.

[xris]

I agree issue a 10 day notice for rent in arrears and rent to be paid in advance according to the RTA but even if you did that they wouldn't receive it because they are out of the country until the 10th Feb. So how would the tenant know they have been issued a 10 day notice and if i remember rightly this has been discussed before but don't you have to allow a certain number of days for the tenant to acknowledge the letter even if hand delivered.

Serve the notice as described in the RTA and the notice is demed as having been served whether the tenant receives it or not. It is another big advantage of the RTA so often overlooked by landlords.

Eg, put in the letter box and it is served a couple of days later.
I often lose sleep worrying when I serve a notice on a low life tenant knowing they will never have the chance to read it before the weight of the law decents on them from a great height.

xris

xris

[xris]

Possibly the situation is that the 10 day notice is to ask for the rent to be paid (as per the TA) and the rent is to remain to be paid (as per the TA)

Hello keys,

I see your point and I had to think for a second or two, but still this does not ring true with me. (I think this was win's thinking too.)

I come back again to the point that you cannot serve a notice to rectify a breach when there is no breach.

"Make sure the rent is always paid up" is not a notice to rectify.

"Bring the rent back up to date" is a notice to rectify.

Such non enforceable 10 day notices might however be used as evidence if seeking termination for a persistant habitual breach, ie the tenant always pays the rent late.

xris

[3Kings]

Hi all - thanks for the input. Rent has now been paid so fingers crossed it was just a temporary slip...

[Keys]

Hi all - thanks for the input. Rent has now been paid so fingers crossed it was just a temporary slip...

Good oh,

Thanks for getting back to us.

Serve the notice as described in the RTA and the notice is demed as having been served whether the tenant receives it or not. It is another big advantage of the RTA so often overlooked by landlords.

Precisely. One wonders why there is an "address for service" if it's never used.

[Win K]

I questioned the validity of his '10 day notices in advance' then. Despite Glenn chipping in I still have not had a reply that makes any sense to me. I think he gave the new tenants a 10 day notice when they moved in 'tenant aggrees to abide by the RTA'

xris

Not quite - same situation as this - tenant has a first time issue a ten day letter is issued - wording as follows:

This notice is to bring to your attention that you are in breach of our Tenancy Agreement/The Residential Tenancies Act 1986, for the following issues:


1. Failure to pay rental owing and maintain rent payments in advance.

...

Please remedy the situation by:


Payment of ??? for rental arrears and ensuring that future payments are made by automatic payment in advance.

[Win K]

I come back again to the point that you cannot serve a notice to rectify a breach when there is no breach.

"Make sure the rent is always paid up" is not a notice to rectify.
xris

Tenant's responsibility - pay rent as & when due, & payable under tenancy agreement.

Ours states - rent payable IN ADVANCE and by a/p. Therefore the ten day letter is used to address a current breach and advise them that they are required to continue to comply with their responsibilities under the RTA & TA.

[essence]

Extra clauses in 10 Day Notice

Our 10 day Notice To Remedy reads:

"Please pay $.............. by ……………………. (10 working days*) as well as your rents on ……… and ………………………2008 as they fall due, to bring your rent up to date and paid in advance as set out in our agreement."

This way the tenant is reminded of their obligations (whether they honour them is another matter!).

Would it be considered threatening if one was to write:

"... Should your rent become 21 days overdue, I can apply under Section 51(1)(a) of the Residential Tenancies Act 1986, to the Tenancy Tribunal for immediate termination of your tenancy".