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

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  • jeffrey
    replied
    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.

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  • k300
    replied
    got it, that makes sense, thanks House, hope you had a good nights kip

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  • House
    replied
    [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

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  • k300
    replied
    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

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  • House
    replied
    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.

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  • House
    replied
    Originally posted by jeffrey View Post
    Changed by s.101 of Housing Act 1996, effective in early 1997.
    Ty Jeffrey

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  • k300
    replied
    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.

    Leave a comment:


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

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  • peterdo
    replied
    Jeffrey,

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

    Thanks

    Pete

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  • jeffrey
    replied
    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.

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  • House
    replied
    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

    Leave a comment:


  • peterdo
    replied
    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

    Leave a comment:


  • jeffrey
    replied
    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.

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  • peterdo
    replied
    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

    Leave a comment:


  • peterdo
    replied
    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

    Leave a comment:

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