Assured Vs Regulate Tenancy and roll on position

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Hi all,

We have a tenant who was on an AST but this was for a year and we just allowed it to carry on without renewing it. He has been at the property for about three years and has been the perfect tenant up until recently. Unbeknown to us his personal circumstances have changed and we have had to chase for rent and more recently he has been in arrears. We have discovered he has had health problems and family business problems too. We have now reached the stage where we do not wish to continue renting to him as he has been continually late paying and it has been a chore to get him to pay the rent. He has also created a situation where he is now constantly in arrears and is now over a month late in paying. We have served him a section 21 4(a) notice to leave the property with two months notice from his next due rent date. We posted two copies from two different post offices via recorded delivery. Are we following the correct process and are we going about it correctly? Are there any legal reasons why we cannot evict him using the normal processes when the two months notice period is up? If he pleads to be allowed to stay on should we (and are we allowed to) suggest he pays a certain number of months in advance and then continues to pay monthly so we always have a cushion in case the same thing happens again? Is there a special legal arrangement we can impose such as he has to pay six month is advance and then roll this on as a kind of insurance policy for us? I am reluctant to have to have him evicted but am not personally in a position to be able to sub him and the property is on a BTL mortgage. I am sure that the mortgage company would not be lenient with us! I look forward to your view and comments. Sorry for all these questions! Many thanks in anticipation.


30/12/2017 09:50

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