Notice to quit - carrot before stick?

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    Notice to quit - carrot before stick?

    I have a tenant who got three months behind on his rent while unemployed (I was inexperienced and understood both from him and housing benefits that I'd eventually get a payment from them - I didn't!. When he got a job he promised to pay off two weeks for every four weeks rent he paid - he hasn't even managed to pay off any of the arrears!. I realise I have to write to him with an ultimatum that he sends me a rent cheque every four weeks which includes an extra £100 to pay off his arrears.
    The question is, can I combine this ultimatum with a two week notice to quit, from the date he should receive the letter, or do I have to wait for him not to comply, allowing time for his cheque to clear, before giving the two week notice to quit (if it doesn't?).
    I believe that, because he is so far behind, I can give him two weeks notice at any time, but I would like the letter to read as though the carrot comes before the stick, ie " I expect you to pay this rent cheque by such a time - if you don't, I expect you to leave within 2 weeks of the day you receive this letter " or " 3 weeks of the date of this letter"?.
    However, legally speaking does the letter need to read like a notice to quit, with an option included for him to play this rent cheque by a certain time each month, if he wants to stay?.
    I'm new to all this and a bit nervous about legal technicalities, so any advice would be very welcome.

    #2
    If he is > 8 weeks in arrears, issue a Section 8 notice (form can be downloaded from this site), that gives him 2 weeks to leave, citing the relevant grounds. Once the two weeks is up, apply to the courts, then wait it out and get the money order together with the possession order.

    Issue a S21 as well, wouldn't do any harm.

    Comment


      #3
      Originally posted by peterdo View Post
      If he is > 8 weeks in arrears
      It's not "in arrears" but "unpaid". If rent is monthly, consider months not weeks.
      If month1's rent is unpaid when month2's falls due, T is "two months' rent unpaid" on very next day after month2's fell due.
      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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        #4
        Thanks for the replies. However I noticed that the section 8 notice refers to an 'assured tenancy', and my agreement with the 'tenant' (which was sought out by my ex-girlfriend who was a legal executive) is entitled a 'Licence to Occupy' and includes the wording:
        "This agreement is not intended to confer exclusive possession in the Licensee nor to create the relationship of landlord and tenant between the parties. The Licensee shall not be entitled to a tenancy, or to an assured shorthold or assured tenancy, or to any statutory protection under the Housing Act 1988 or to any statutory security of tenure now or upon the determination of this Licence".
        Incidentally, I am not living at the property but have a room there, so have the ability to. According to the agreement I need only give seven days notice if the 'licensee is in breach of the agreement'. Could this type of agreement be problematical if the 'licensee' becomes difficult?

        Comment


          #5
          Originally posted by andycad View Post
          Thanks for the replies. However I noticed that the section 8 notice refers to an 'assured tenancy', and my agreement with the 'tenant' (which was sought out by my ex-girlfriend who was a legal executive) is entitled a 'Licence to Occupy' and includes the wording:
          "This agreement is not intended to confer exclusive possession in the Licensee nor to create the relationship of landlord and tenant between the parties. The Licensee shall not be entitled to a tenancy, or to an assured shorthold or assured tenancy, or to any statutory protection under the Housing Act 1988 or to any statutory security of tenure now or upon the determination of this Licence".
          Incidentally, I am not living at the property but have a room there, so have the ability to. According to the agreement I need only give seven days notice if the 'licensee is in breach of the agreement'. Could this type of agreement be problematical if the 'licensee' becomes difficult?
          What it says is irrelevant. If the law deems it a tenancy, the Agreement cannot undo that.
          Why? Read case of Street v. Mountford [to find it, try MacroSearch feature, at top of screen]
          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

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