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

[peterdo]

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

[LalaCem]

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.

[peterdo]

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

Pete

[jeffrey]

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.

[peterdo]

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

[jeffrey]

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].

[LalaCem]

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.

[peterdo]

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

[peterdo]

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

[jeffrey]

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.

[peterdo]

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

[House]

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

[jeffrey]

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.

[peterdo]

Jeffrey,

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

Thanks

Pete

[Sportingdad]

and remember in future if you have decent/respectful property demand 6 weeks deposit and a guarantor