More late rent questions

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    More late rent questions

    Two unrelated tenants jointly rent a house from me. They are within the fixed term of a joint AST. They pay half the rent each - although I suppose that is not really any of my business.

    I have read lots of posts on notice procedures re. late rent, but none seem to quite cover this, so here goes:

    The rent is due on the 4th of each month. Every month half is a couple of days late, and the other half is perhaps a week late. This month we havent received half of the rent. I am hoping that we get the other half soon, but in case we dont, how would the notice periods work assuming that by say the 8th of October we had received another 50% payment. Would this mean that it was then only all of the October rent that would be deemed to be outstanding for notice purposes? It might be quite a while before I can serve any notice if half keeps getting paid!

    Thanks for any help.

    #2
    Originally posted by Sinbad View Post
    The rent is due on the 4th of each month. Every month half is a couple of days late, and the other half is perhaps a week late. This month we havent received half of the rent. I am hoping that we get the other half soon, but in case we dont, how would the notice periods work assuming that by say the 8th of October we had received another 50% payment. Would this mean that it was then only all of the October rent that would be deemed to be outstanding for notice purposes? It might be quite a while before I can serve any notice if half keeps getting paid!
    For service of a Notice under s.8 of Housing Act 1988:
    a. persistent late payment gives you ground 11; and
    b. arrears gives you ground 10 (+ ground 8 when there's two months'-worth unpaid). The totals count, not how each element is derived.
    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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      #3
      Most judges will just get the tenant to agree to a schedule of arrears and a grant of possession is most unlikely on a first court appearance. In my opinion it's a waste of a court fee.
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

      Comment


        #4
        Thanks both.

        Paul f - if the Court would be a waste of time, what practically would you say is the best course of action?

        Comment

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