Would a new tenancy have any impact on Sectioin 8 notice and arrears.

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    Would a new tenancy have any impact on Sectioin 8 notice and arrears.

    Dear Forum,

    I served a Section 8 notice on a tenant who was 8 + weeks in arrears and has caught up some arrears over past few months, but looking at doing a new tenancy.

    Would a new tenancy have any impact on tenants current arrears and also Section 8 notice that I served in July last year.

    Property in England

    Many thanks

    #2
    Why on earth would you offer a new fixed term tenancy to someone who fell into arrears?
    Just continue on a rolling monthly basis.

    The answer to both your questions is no.
    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
      Tenant been at property 6 years and been a good tenant (apart from when lost job) but need to increase rent by £10 pw. Thanks

      Comment


        #4
        So increase the rent without given them a new tenancy agreement.
        Either agree a new rent and they start paying it, or, when the tenancy is periodic serve a s13 notice confirming the new rent.

        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


          #5
          The whole thread title is madness.

          Tenant has caught up on 'some' arrears and you want to increase the rent? Madness again. They can't afford it now, they wont be able to afford it with an increase.
          "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

          What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

          Comment


            #6
            Originally posted by jpkeates View Post
            The answer to both your questions is no.
            For the record, yes rather than no, the section 8 notice served previously would no longer be valid if the landlord grant the tenant a new tenancy other than a tenancy deemed granted under s5 of the Housing Act (i.e. SPT).
            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.

            I do not answer questions through private messages which should be posted publicly on the forum.

            Comment


              #7
              I've been caught by that before - what makes you say that?
              The notice is to end a lease, not a specific tenancy, surely.
              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


                #8
                You can't give notice for a tenancy that didn't exist yet when the notice was given. Exceptions are explicitly given for SPT in both s21 and s7. See s7(7) and how it allow a court to end a SPT even if the notice was served during and for a fixed term.
                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.

                I do not answer questions through private messages which should be posted publicly on the forum.

                Comment


                  #9
                  Even if no new AST is granted, the orig s8 expires after 12 months. AFAIK

                  Comment


                    #10
                    Originally posted by KTC View Post
                    You can't give notice for a tenancy that didn't exist yet when the notice was given. Exceptions are explicitly given for SPT in both s21 and s7. See s7(7) and how it allow a court to end a SPT even if the notice was served during and for a fixed term.
                    I had a huge debate about that - relating to a s21 notice, which I recall losing.
                    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

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