We are in unique times and Negotiating Strength is all on the tenants side. Being realistic if a tenant elects not to pay anything then the eviction process is likely to the 8 - 10 months. This is a case of setting realistic targets that can be achived to minimise financial exposure
What is the tenant offering you firstly ask the Tenant to complete your Request for Variation of Rent Payment Terms Set payment objectives and communicate these in writing.YOU MUST have an audit trail for the law is likely to change whereby Landlord shall have to satisfy a Judge they have adhered to a predefined protocol [The protocol is yet to be defined by teh government]
Is the offer fair, reasonable and can you make it work for you. These are some of the factors you should consider whn making your decision?
This means in the event the Tenant fails to adhere to fulfill their promises as given on their Request for Variation of Rent Payment Terms then we would have our safetynet
Should this progrees to court evidence will assist you to avoid the possession order being suspended
Should the Tenant fail to fulfil their promises, you need to make
sure you are able to demonstrate reasonableness and this forms evidence
of tenants' inability to fulfil promises. This process minimises your
exposure to having a possession order suspended, which means the judge
grants you possession but sets this aside providing the Tenant fulfils
their obligations, such as paying rent and some arrears. If you are able
to demonstrate you took legal action as the Tenant continually failed
to fulfil their promises, then you are also less likely to have costs
awarded against you.
If the Tenant fails to fulfil promises, assert your authority by
serving notice - just because you serve a Section 8 or 21 notices, it
does not mean you have to proceed with the court process. This keeps
your options open.
Immigration Act revised 2016 should a landlord or letting agent fail to ensure ALL tenants/occupiers have a righto reside for the duration of the tenancy then they may be fined £3000 for each breach. The Secretary of State may instruct the landlord to remove such persons without the need of a court order by way of reasonable force
Labour market enforcement - restriction on illegal migrants to work. A labour market enforcement undertaking (an “LME undertaking”) is an undertaking by the person giving it (the “subject”) to comply with any prohibitions, restrictions and requirements set out in the undertaking
Under section 42 of the County Courts Act 1984 it is possible for the Court to transfer a matter from the County Court to the High Court for enforcement but leave (permission) of the Court is required first. The transfer time varies from court to court and can take up to 28 days, but normally takes far less. An application to seek permission can be made either at the time of making the possession claim or after possession has been ordered.