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

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    #16
    I have a related question,
    if a tenant pays part of March (£100 out of £550), then pays all of April (£550), then pays none of May rent, when does the Section 8, ground 8 start from.
    Is the £100 paid in March used pro rata?
    For instance it amounts to 6 days and therefore the Section 8 can be issued on the 6th day after the 2nd months(May) rent isn't paid.

    Thanks.

    Comment


      #17
      Originally posted by jeffrey View Post
      Changed by s.101 of Housing Act 1996, effective in early 1997.
      Ty Jeffrey
      ****************************************

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

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        #18
        If the rent is paid monthly which it sounds like it is then they will have two months unpaid rent when the rent is next due if they haven't caught up any arrears. You could therefore serve a ground 8 notice on the day that the rent is next due as then the tenant would have two months rent unpaid at the date of service. It's a shame for you that it's nearly three but I don't believe you can do anything about that.

        If they are on LHA ask the LA to pay you directly if the tenant gets into 8 weeks of arrears.
        ****************************************

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

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          #19
          thanks House, so in effect if the tenant pays a small part of the rent each month then it may never be classed as 2 months unpaid.

          I should also have said that the £100 for March was actually only paid on 15th April. Does that make a difference, it makes it 6 weeks overdue.

          So to clarify monthly rent is £550 to be paid 1st of the month and this is what she has paid :

          March rent : only £100 paid on 15th April
          April rent : £550 paid on 1st April
          May rent : unpaid as of today

          Comment


            #20
            [QUOTE=k300;73828]thanks House, so in effect if the tenant pays a small part of the rent each month then it may never be classed as 2 months unpaid.]

            Nope that's not what I said. In your case to have two months rent unpaid the tenant needs to owe you £1100. At the moment he owes you £950 and will owe you £1500 on 1st June. This is over two months worth of rent unpaid so ground 8 time!

            If he only paid you let's say £100 in June then he would still owe you £1400 which is over two months unpaid rent and would satisfy the first part of a ground 8 notice (that is two months unpaid rent if rent is paid monthly).

            Maybe you're thinking of two seperate months completely unpaid which is incorrect. It just has to total two months worth.

            Hope that is clearer but as it's time for my bed I don't hold any responsibility for the above
            ****************************************

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

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              #21
              got it, that makes sense, thanks House, hope you had a good nights kip

              Comment


                #22
                Originally posted by House View Post
                If the rent is paid monthly which it sounds like it is then they will have two months unpaid rent when the rent is next due if they haven't caught up any arrears. You could therefore serve a ground 8 notice on the day that the rent is next due as then the tenant would have two months rent unpaid at the date of service. It's a shame for you that it's nearly three but I don't believe you can do anything about that.

                If they are on LHA ask the LA to pay you directly if the tenant gets into 8 weeks of arrears.
                NOTE: it's not "eight weeks' [=two months] arrears".
                The Act uses the wording "two months' rent unpaid". As soon as M2's rent has fallen due and if it + M1's rent remain unpaid the very next day, there are then "two months' rent unpaid"- so L can serve s.8 Notice using g8 as well as g10/11.
                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).

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