Money claim for tenant?

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    Money claim for tenant?

    I have a problematic tenant who is currently 1 month in arrears (11 days overdue payment). She was previously 1 day off being 2 months in arrears and paid 1 month rent the day before the 2 months, so i couldn't issue her a section 8 notice. I am letting the property fully managed through an agency as I am not a registered landlord. Her tenancy is AST on a 12 month with no breakout clause so Im not able to serve her a section 21 before then. In the event of her always being 1 month in arrears, what are my options? I was thinking would it be worth taking to small claims (money order for the 1 month arrears?) I could issue a section 8 on a ground 10 or 11? but I doubt that would go in my favor. I suspect she is going to be in 1 month arrears continuously throughout her tenancy.

    You do not have to take court action on a S8; issuing notices on G10 and G11 may prompt an improvement in behaviour.


      A series of s8g10/11 notices with no improvement from the tenant may also be enough to persuade a judge later on.


        There's no point using MCOL to claim unpaid rent from a tenant while the tenancy is still ongoing.
        They'll simply claim that they're a month behind, but that each month they're paying off the money owed (which is probably what's happening).

        I agree with ​​dpt57 that serving s8 notice now won't do any harm and might help if things continue.
        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).


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