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common problems |
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Rent Arrears
- Assured Shorthold Tenancies (After 1988) |
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Rule 1: It is never a good idea to enter into an
argument with your tenant. They are your paying customer and, literally,
hold the keys to your 'landlord life'. |
- Do not let arrears build up before doing anything, REGARDLESS of tenant
assurances.
- ALWAYS get proper advice on when and how to serve Notices - you cannot give a
residential tenant a months' notice, so what you assume is possibly wrong.
- Do not threaten the tenant if arrears are not paid. The Courts take a
very serious view of harassment and illegal eviction - implied or otherwise.
Punishments are life-changing.
- Whatever the reason, however well you know the tenant; if the tenants have
fallen into arrears, serve the necessary paperwork as soon as it is legal to do
so. If they pay, you can always tear it up.
- Tenants must be two months' in arrears before you can serve a Notice, so if the
papers are served correctly, you could have a Court Possession Order two months
thereafter.
- Two months may seem a long time, but, it's the law.
- The circumstances surrounding the arrears are all important as to how you
negotiate the problem. A good tenant who has lost their job is normally a
more salvageable situation than a relationship break-up.
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