Rent is always late/underpaid- s.8 procedure?

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    Rent is always late/underpaid- s.8 procedure?

    just needed to knw:

    if a tenant is always late and always underpays the rent each month. what grounds can you serve him on section 8. if it goes to court how successfull will it be to get rid of him for these reasons?

    tenant on 6month contract. started jan this year...
    jan - paid in full
    feb - paid late, and not the full amount owed
    mar - still has not paid yet... and is sayin hes lost his job..

    (from this i have realised the tenant has not gone 2 full months without paying anything)

    2 adults, 2 kids living in the house. the tenancy is only under 1 of the adults name.

    thnx

    #2
    Wait until 2 months rent are unpaid, then issue on grounds 8,10&11 of a section 8.

    Comment


      #3
      so issuing on just sections 10 & 11 wont do the trick??

      thanks again colin for yr advice today, proven very helpfull.

      Comment


        #4
        Originally posted by vik2001 View Post
        so issuing on just sections 10 & 11 wont do the trick??

        thanks again colin for yr advice today, proven very helpfull.
        Yes and no.

        If it gets to court, then the judge has disgression with grounds 10 & 11, he doesn't with ground 8.
        Hence if you issue a correct notice ( all the rights etc ) and you have issued with ground 8, then you will get your possession order. If you go with just grounds 10&11 then you will run the risk that it might not go your way.

        Your choice, but I would wait until 2 months were unpaid to be on the safe side.

        Comment


          #5
          ok then, ill wait another 3 weeks b4 doing a section 8. as rent is due on the 1st of each month, and i doubt they will pay me.

          next month is also month 4, of the 6 month agreement. so i could also give my 2 months notice asking them to leave. if i give them this 2 month notice, should i serve with section 21?

          Comment


            #6
            Only if you have protected the deposit as discussed before.

            Comment


              #7
              colin or anyone, for self knowledge, can u serve section 8 and 21 together? is that possible?

              also with serving section8 on grounds 8,10 & 11 what happens if it goes to court, and then the tenant decides to pay up the rent owed during that time period? does that cancel out the ability of me getting rid of him during those court proceedings?

              thnx

              Comment


                #8
                Yes you can issue both a S.8 & S.21, although you might want to have a chat with your tenants to advise that the date you require possession is the expiry of the first notice.

                S.8, G.8 requires that there are 2 months rent upaid both ot the date the notice is issued and the date of any hearing in court. So if they do pay up you will have your money and then just fall back onto your S.21 or ground 10 & 11 of your S.8.

                Comment


                  #9
                  Originally posted by Colincbayley View Post

                  S.8, G.8 requires that there are 2 months rent upaid both ot the date the notice is issued and the date of any hearing in court. So if they do pay up you will have your money and then just fall back onto your S.21 or ground 10 & 11 of your S.8.

                  colin, when you say 2 months rent unpaid. does that have to be 2months FULL rent unpaid, or just 2 months where the rent has not been fully paid..

                  thanks.

                  Comment


                    #10
                    Two months full unpaid.
                    Example:
                    Rent is £500PCM due 1st of each month

                    1.2.08 £500 due, £0 Paid, £500 Outstanding
                    1.2.08 £500 due, £0 Paid, £1000 total outstanding

                    You can issue your S.8 on 2.2.08, i.e. a month a day in arrears ( But the wording used is unpaid )

                    Comment


                      #11
                      Originally posted by Colincbayley View Post
                      Two months full unpaid.
                      Example:
                      Rent is £500PCM due 1st of each month

                      *1.2.08 £500 due, £0 Paid, £500 Outstanding*
                      1.2.08 £500 due, £0 Paid, £1000 total outstanding

                      You can issue your S.8 on 2.2.08, i.e. a month a day in arrears ( But the wording used is unpaid )
                      Line asterisked (by me) means 1.1.08, not 1.2.08!
                      But Colin is otherwise right- the ground 8 wording for weekly and monthly rents refers to "unpaid", not "in arrears", whereas the wording for quarterly and yearly rents does refer to "in arrears".
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

                      Comment


                        #12
                        In which case, if the tenant pays some rent but not all, on a monthly contract, you cannot use S8 to get rid of them?

                        Comment


                          #13
                          no that seems the thing wit sec.8. if u get some rent each month, cud be even £200 u cant get rid of them unless u use grounds 10&11. but wit those grounds alone it may not be enough in court...

                          Comment


                            #14
                            Originally posted by vik2001 View Post
                            no that seems the thing wit sec.8. if u get some rent each month, cud be even £200 u cant get rid of them unless u use grounds 10&11. but wit those grounds alone it may not be enough in court...
                            1. Sorry, but I can't understand this post. Please re-write.
                            2. The thing with arrears is that the amount unpaid has to be at least two months' rent. It does not demand that T has failed to pay for two months!
                            3. Example: assume rent of £500 per month, due on 1st of month.
                            m1: T pays £500 on day 1.
                            m2: T pays £250 on day 1.
                            m3: T pays £200 on day 1.
                            When L receives m3's £200, T is already £550 unpaid.
                            m4: T pays nothing on day 1.
                            As m4's rent is unpaid, T owes £1050 and so "at least two months' rent is unpaid" as from m4 day 2.
                            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                            4. *- Contact info: click on my name (blue-highlight link).

                            Comment


                              #15
                              Originally posted by jeffrey View Post
                              2. The thing with arrears is that the amount unpaid has to be at least two months' rent. It does not demand that T has failed to pay for two months!
                              thats exactly nailed the question and answer on the head. i was under the impression, that T has to have failed payment for 2 months. I now understand from what you have clearly said that "arrears" unpaid has to be equal to at least two months' rent.

                              thanks alot jeffrey

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