Using ground 13 (Sch. 2 to 1988 Act)

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    Using ground 13 (Sch. 2 to 1988 Act)

    I've been very lucky, rented several properties for many years usually to reliable tenants with good L/T relations.
    Now I have one bad case: He moved in paying first month and deposit equiv to 1 month's rent (of course lodged with TDS within 14 days).
    He more or less immediately told me to get stuffed as soon as he took keys and contract: obviously my pre-tenancy interview and checking of references was flawed.
    Second month's rent in advance was due more than 1 month and 1 day ago...I have given the necessary polite reminder and sent same by registered post with "schedule" clearly showing amount owed and stating my intent to pursue the matter further if no payment made (though not specifically mentioning court or Section 8 notice).
    I know I must now serve Section 8 notice asap - Am I correct in thinking this should be under grounds 8,10 and 11?
    I wish to include ground 13 which states "The condition of the dwelling-house has deteriorated owing to acts of waste by...the tenant..." and have given a description of the serious deterioration which affected the flat below.
    Am I wise to include ground 13? I feel that since it is the truth it should be noted. Also, if the tenant pays up closer to the date of the court hearing I feel I would then still stand a chance of gaining my property back, since his dealings with me since taking on the contract and keys have made me realise he is up to NO good and I need rid of him.
    Any firm knowledge from someone who has been through this?

    #2
    Addendum:

    I am maybe not being too clear there: What I need to know is whether I could actually JEOPARDISE my chances in court of an eviction by relying on ground 13.

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      #3
      Originally posted by LynseyinLondon View Post
      I am maybe not being too clear there: What I need to know is whether I could actually JEOPARDISE my chances in court of an eviction by relying on ground 13.
      The more grounds, the stronger your case. Use g 8/10/11/13.
      As to g8, this needs that there be at least two months' rent unpaid. If month 1's remains unpaid when month 2's falls due, and if month 2's is not paid on the due date itseld, you can serve s.8 Notice next day- as soon as there are two months' unpaid- and don't need to wait until end of month 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


        #4
        Originally posted by jeffrey View Post
        ....as soon as there are two months' unpaid- and don't need to wait until end of month 2.
        Jeffrey - sorry for the dumb question but really!?!

        For example- if rent due date 1st of every month.
        1st Mar = no rent, 1st April= no rent, 2nd april = Section 8?

        Thanks!

        Comment


          #5
          Originally posted by LalaCem View Post
          Jeffrey - sorry for the dumb question but really!?!

          For example- if rent due date 1st of every month.
          1st Mar = no rent, 1st April= no rent, 2nd april = Section 8?

          Thanks!
          Yes- that's what 1988 Act says.
          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


            #6
            how would you assess any damge to your property? are there specialist agencies for this kind of work?

            Comment


              #7
              Originally posted by west1974 View Post
              how would you assess any damge to your property? are there specialist agencies for this kind of work?
              There might be- but do you really need a specialist?
              G13 merely requires that T (or cohabitant) committed acts of waste/neglect/default causing condition of house/common parts to deteriorate.
              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

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