Arrears; landlord serving s.8/s.21. How evict tenant?

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  • Arrears; landlord serving s.8/s.21. How evict tenant?

    I have a tenant who is unable to pay their rent at present, and the future also looks pretty bleak. I have been advised that they will serve me the one months notice required (period tenancy), however, in order to keep myself right, I also wish to issue a S21, as I assume the tenant could revoke the notice at any point.

    The tenancy commenced on the 18th of the month, which is also the rent payment day. If the notice was served as of Monday 7th April, would this require the date of expiry to state 17th June? (2 months notice required and on last day of rent period?)

    For Section 8 notice, I will look to ground 8, 10 and 11. Would this be served upon the second month's payment not being received i.e. 18th April (no rent received in March)?

    Many thanks in advance

    Pete

  • #2
    Hi Pete, Sorry to hear about your troubles..for S8, you can serve on 19th April on the grounds you mentioned.

    S21 - I'll let someone else take this one.

    Comment


    • #3
      Thanks LalaCem, would I be right in thinking the S8 would not be actioned until 2 weeks after the S21 expires?

      Pete

      Comment


      • #4
        Originally posted by peterdo View Post
        The tenancy commenced on the 18th of the month, which is also the rent payment day. If the notice was served as of Monday 7th April, would this require the date of expiry to state 17th June? (2 months notice required and on last day of rent period?)
        The "two months + to end of rent period" formula applies only if Notice is under s.21(4)(a). Notice form depends on whether fixed term is still running or has already expired.
        If term has already expired, s.21(4)(a) Notice served before 17 April will expire on 17 June as mentioned- so, next day, you can apply to Court.
        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


        • #5
          Thanks Jeffrey, s.21 (4)(a) seems to be the correct one, term has expired and is running on a periodic basis.

          Another quick question, does the address of the landlord (myself and partner) need to be an England & Wales address, can't remember where I read this but as I live in Scotland the last thing I would need is to get stung on a technicality?

          Many thanks

          Pete

          Comment


          • #6
            Originally posted by peterdo View Post
            Thanks Jeffrey, s.21 (4)(a) seems to be the correct one, term has expired and is running on a periodic basis.

            Another quick question, does the address of the landlord (myself and partner) need to be an England & Wales address, can't remember where I read this but as I live in Scotland the last thing I would need is to get stung on a technicality?

            Many thanks

            Pete
            See s.47/48 of LTA 1987. In rent demands generally, and at least once after any change of L's address during Tenancy, L must give T Notice of an E&W address where T can serve any Notices. For this purpose, any E&W address is OK- so an agent's or relative's would suffice.

            It's different under LTA 1985, where address (if demanded by T under s.1, or after any change of L's address during Tenancy) must be L's home or business address [s.38].
            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


            • #7
              Originally posted by peterdo View Post
              Thanks LalaCem, would I be right in thinking the S8 would not be actioned until 2 weeks after the S21 expires?

              Pete
              Hi Pete. No I don't believe they would be linked. As far as I know you can take further action if by the expirey date of the S8 notice (2 weeks I believe) your T hasn't paid up.

              Comment


              • #8
                Thanks Jeffrey, looks like my sister may be getting a phonecall!

                LalaCem, excellent, that means come 14 days past the rent date I will be able to pursue eviction irrespective of the S21 waiting the 2 months, hopefully it doesn't get to that stage and T leaves quietly...

                Many thanks again

                Pete

                Comment


                • #9
                  If T fails to pay second months rent, I will serve a S8 as detailed above.

                  To lodge this with the courts, do I have to do this in person or can I go online?

                  Thanks

                  Pete

                  Comment


                  • #10
                    Originally posted by peterdo View Post
                    If T fails to pay second months rent, I will serve a S8 as detailed above.

                    To lodge this with the courts, do I have to do this in person or can I go online?

                    Thanks

                    Pete
                    Neither. The s.8 Notice is what L serves on T. If T fails to comply, L then applies to Court.
                    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


                    • #11
                      I am in the process of completing the S8 notice and wish to use grounds 8, 10 and 11. The Housing Act states:

                      "Ground 8

                      Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing—

                      (a)if rent is payable weekly or fortnightly, at least thirteen weeks' rent is unpaid;
                      (b)if rent is payable monthly, at least three months' rent is unpaid;
                      (c)if rent is payable quarterly, at least one quarter’s rent is more than three months in arrears; and
                      (d)if rent is payable yearly, at least three months' rent is more than three months in arrears;
                      and for the purpose of this ground “rent” means rent lawfully due from the tenant"

                      Therefore, would I actually need 3 months advance rent unpaid? Earlier posts suggest a S8 can be served upon 2 months rent becoming due...which is correct???

                      Thanks

                      Pete

                      Comment


                      • #12
                        It's now 2 months. Can't remember off hand when it was changed and am to busy watching tv to look Don't worry though it is two months if paid monthly
                        ****************************************

                        If you are unsure about what to do seek professional Legal advice.

                        Comment


                        • #13
                          Originally posted by House View Post
                          It's now 2 months. Can't remember off hand when it was changed and am to busy watching tv to look Don't worry though it is two months if paid monthly
                          Changed by s.101 of Housing Act 1996, effective in early 1997.
                          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


                          • #14
                            Jeffrey,

                            Do you know the exact wording, required under the S8 notice?

                            Thanks

                            Pete

                            Comment


                            • #15
                              and remember in future if you have decent/respectful property demand 6 weeks deposit and a guarantor
                              "Better an empty property than a tenant without a guarantor"

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