Is the AST still valid?

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    Is the AST still valid?

    The tenant in my property signed a new 6 month AST at the beginning of February following the end of a 12 month tenancy. The new AST started on 10th February when also monthly rent is due. I did not receive this rent in February or have not received the rent due 10th March. As no rent has ever been received under this new AST, does this make it null and void?

    The tenant can no longer pay me and won't voluntary leave the property so I need evict the tenant. Are my only options, serving a section 8 or section 21? Does it make a difference if the AST isn't valid? Can I serve a Section 8 straightaway?

    #2
    Your AST is valid despite no rent being paid.
    Your tenant owes the rent to you.

    You can't serve a s21 to expire before the 9th August, so your best option is to serve a s8 notice (using ground 8 as two month's rent is owed).
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Sounds like you've been deliberately screwed over. (And let yourself be.)

      You now have many months to consider where you went wrong.

      Comment


        #4
        Lesson be learned. Why did you get them to sign a new AST?

        Comment


          #5
          Start court proceedings against the tenant NOW (Moneyclaim online). There is a process you need to follow (letter before action etc). Expect that the tenant will destroy your property.

          Unfortunately the system/legal structure facilitates and encourages theft and abuse, and permits ongoing theft to continue. Select your tenants more carefully in future -- does tenant have any money in the bank (you could have checked before signing an agreement) - like £20K? Are they on "benefits". Are they working? etc..... In short what have they got to lose, and why would you sign a six month agreement with someone who has nil to lose (if that is the case)?

          Comment


            #6
            Many thanks for the information.....very helpful. Just one more question, I know that when serving a section 8 notice, the tenant must be 2 months in arrears. However, as the rent was payable 1 month in advance (so rent due on 10th Feb was for the period 10/02 to 09/03) so the tenant has missed two months rent payments, 10/02 & 10/03, but as in advance as of today is only 31 days in arrears.......do I have to wait until 9th April before I can serve the section 8 notice?

            Comment


              #7
              You can serve a s8 notice when only one payment has been missed.

              Comment


                #8
                Honestly ... S8 is an option, but I would not rely on it to evict, and you may end up with a counterclaim.
                They might pay back just a little - and then you will have to start again (at least for mandatory grounds)

                MCOL and later S21 is your better bet IMHO.

                Expect to be out of pocket to the tune of many thousands.

                How sure are you that you have not messed up on the several dozen snaffoos in respect of S21.

                For next time -- if you do for some crazy reason sign a new tenancy agreement (vs periodic), agree only verbally and conditionally, and arrive at the property a couple of days before the initial fixed period ends and after the first month of rent is payed and cleared, armed with the new agreement. Also do all the usual checks again (like "show me your bank statements", employment details etc.).

                Comment


                  #9
                  Originally posted by REST View Post
                  Many thanks for the information.....very helpful. Just one more question, I know that when serving a section 8 notice, the tenant must be 2 months in arrears.
                  Ground 8 where rent is payable monthly is "two months rent is unpaid", not "in arrears". You can serve it now.

                  Ground 10 (discretionary) is some rent unpaid.

                  Ground 11 (discretionary) is persistently delayed in paying rent (doesn't matter whether there's any rent unpaid at the time of notice).

                  I would serve the section 8 and go with it in this case. But check that "the terms of the tenancy make provision for it to be brought to an end on the ground in question (whether that provision takes the form of a provision for re-entry, for forfeiture, for determination by notice or otherwise)".
                  I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

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