my tenant hasn't paid rent for 3 months
- Ground 8, this is guaranteed possession so long as the tenant has at least 2 months unpaid when the notice is served AND at the time of hearing. We'll update this guide with full information when it is published. Read our guide to how to legally evict your tenant for more information on the difference between Section 21 and Section 8. that provides clear information on your rights offering simple solutions to solve your everyday consumer problems. You should pay what youve offered anyway and keep a record of each payment (with a bank statement or receipt, for example). Please tell us more about why our advice didn't help. Therefore keeping correspondence is vital tohelp yourcase. Your rent covers the management and maintenance of your home. If the tenant pays back their arrears, this will invalidate the Section 8 notice if it went to court. They have to give the reasons why they want to evict you - for example, if you have rent arrears or youve damaged the property. A reminder that unpaid arrears could result in court action and an application to take possession of the property back, which will result in their eviction. You can apply for a warrant of eviction to be set aside either before or after youve been evicted. Your feedback will help us give millions of people the information they need. It's a good idea to write or email when you ask for your deposit - this means you'll have a record of when you asked for it. Under some circumstances, it might be possible to postpone, suspend or set aside the warrant of eviction. There is no obligation for you to do this, but it may be easier than going through the eviction process. You can get advice if youre in rent arrears or having difficulty paying your rent from: Dont include personal or financial information like your National Insurance number or credit card details. If you dont have a written agreement, the amount of rent you have to pay will be what you agreed with your landlord. The council can take them to court if they dont do this. Ask your landlord if you can spread the amount you owe across future rent payments. If you rent from the council or a housing association you can get help if you're having problems affording your rent. Aletter or email is best in this instance so that you can record your correspondence. Your nearest Citizens Advice can help if your landlord has given you a notice to leave or you have to go to court. You canfind out how to deal with your landlord and pay off your rent arrears. Private renting: Rent arrears - GOV.UK If you havent left by the date on the notice of eviction, the bailiffs will come to your home and force you to leave. If youre an assured shorthold tenant, check our advice on renting privately when you have an assured shorthold tenancy. If there are any safety problems on the report, your landlord must get them fixed within the same 28 days of the safety check. Read more about what to do if you live in social housing and have been sent an eviction notice, Read more about the different types of tenancies and your right to stay in private sector housing, Read more about ending your tenancy if you're assured shorthold tenant renting privately. It might be possible to persuade your landlord not to apply for the warrant of eviction. This applies to most types of tenancy - if your landlord doesnt do this, contact your nearest Citizens Advice. You'll have a better chance of getting all or most of your deposit back if you leave the property in the same condition as when you moved in. Letter to ask for a faulty item to be repaired or replaced, Letter to request compensation for cancelled flights, Letter to report a problem with something bought on credit card, Denied Boarding EU Regulation (Regulation 261/2004 EC). Your landlord has to make sure your home is fit for human habitation. PDF Problems in shared accommodation - Citizens Advice If your tenant is struggling financially, you could direct them towards a charity such as Step Change or Shelter for advice. Sometimes your landlord might ask the county court for their case to be transferred to the high court. Contact your nearest Citizens Advice if you: need help understanding what notice you need to give, have a different type of rental agreement. You can talk to an adviser for help. You may also have signed an agreement stating that the property was granted under a licence to occupy. If you havent received any rent at this point, and your tenant hasnt tried to communicate with you or to resolve the situation, you have the right under the Housing Act 1988 to take action to claim possession of your property. What counts as reasonable depends on the problem - for example, a broken boiler should be fixed sooner than a leaky tap. Dealing with rent arrears in private tenancies - Citizens Advice If your landlord says theyre going to take money off your deposit, they should tell you why - if they don't, ask them. If a term in the tenancy agreement gives either you or your landlord less than your statutory rights, that term cannot be enforced. Take 3 minutes to tell us if you found what you needed on our website. BE NICE! Often, the easiest way to resolve the problem and get back on track is to speak to your tenant directly, but in some cases further steps will be required. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. Edgehill Drive, Warwick CV34 6LG, 2023 Propertymark Ltd. trading as Propertymark. If you do decide to make an application for possession against a tenant (or tenants) based on them not paying rent, you will be required to provide a copy of all rent payment transactions and communication between you and the tenant. You shouldtalk to an adviseras soon as possible if: The warrant will give a date and time for the eviction. This is called 'seeking possession'. If you or your landlord apply to the Valuation Office Agency, theyll decide whether your rent needs to be increased or decreased to make it a fair rent. Your landlord must provide a rent book or similar document - your landlord commits a criminal offence if they dont. There are rules about how much a landlord can charge for a deposit - find out how much it costs to rent. If the tenant leaves, the property isn't strictly yours to take back - you don't want an illegal eviction claim against you. Find out more about asking your landlord for changes to help with your disability. This could be through spreading the amount of money owed to you across future rent payments, for example. Talk to your landlord (or lettings agent if you rent through an agency) straight away. Chat to a live agent or send us a message, How to deal with a tenant whose rent has fallen into arrears. If you want to apply for the warrant to be suspended, youll need to do this before the eviction takes place. The notice must be served in the prescribed form in order to be valid, so make sure you follow the process carefully. Take 3 minutes to tell us if you found what you needed on our website. You dont automatically have to leave your home at the end of your fixed term tenancy. You will have to think very carefully about whether to move out before the date of eviction. We often link to other websites, but we can't be responsible for their content. Registered number 01436945 England Registered office: Citizens Advice, 3rd Floor North, 200 Aldersgate, London, EC1A 4HD, // Landlord Guide: What to do if tenants don't pay the rent If you have a good reason for the warrant to be suspended, then it's worth applying to the court, even if its on the same day you are due to be evicted. the T should be moving out of the property mid February. It's not acceptable, BUT the circumstances aren't clear. My tenant has not paid for sometime, i.e. You can find out more or opt-out from some cookies, Check if you have the right to reside for benefits, Getting benefits if youve recently moved to the UK, Benefit calculators: what benefits can you get, Check how much redundancy pay you can get, Template letter to raise a grievance at work, Grants and benefits to help you pay your energy bills, You can't afford to top up your prepayment meter, Check if you can get your money back after a scam, Renting from the council or a housing association, Living together, marriage and civil partnership. If you get a section 21 notice - Citizens Advice Talk to a specialist adviser at Citizens Advice if you're being evicted for not paying rent. As a landlord you should keep a record of when rent payments are due and when they are paid by your tenants. If you dont hear anything back, send a formal letter by first class or hand-delivered mail. You shouldtalk to an adviseras soon as possible if: If your landlord started court action against you before 3 August 2020, they have to send you a letter before they can continue with their court claim. It might be possible to persuade your landlord not to apply for the warrant of eviction. By doing so youcut your losses and prevent the situation from escalating with the potential forfurthercourt costs. The Tenancy Agreement states that she must have the place professionally cleaned before she leaves (she hasn't), and the inventory states "magnolia cream walls" (many aren't, as she's redecorated whilst living there). High court bailiffs have to give you a notice of eviction with the date and time of your eviction. If you dont leave by the date on the possession order, the landlord will need to get a 'warrant of eviction', allowing the bailiffs to come and evict you. If there are joint tenants, each tenant should receive a copy of the agreement. Read what we're saying about a range of issues. Your landlord cant increase your rent unless either: your rent has been registered as a fair rent by the Valuation Office Agency and your landlord has later applied for it to be increased. Your landlord is responsible for your home's energy efficiency if you have an: If your home has an F or G energy efficiency rating, your landlord must improve it to E or better. If a tenancy comes to an end with money outstanding, you may be able to apply to take this from your tenants deposit by registering a claim with the relevant tenancy deposit scheme. If you think youre going to miss a rent payment, you should: talk to your landlord - you could ask for extra time to pay, but dont say youll pay earlier than you think youll be able to. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. It's not enough to say that you'll be made homeless. This is known as reasonable wear and tear. Your agreement might say you have a certain type of tenancy - but the type of tenancy you actually have might be different.
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my tenant hasn't paid rent for 3 months
