Notice to evict tenant in arrears despite LHA eligibility

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    #1

    Notice to evict tenant in arrears despite LHA eligibility

    Hi here, I need to give notice to a tenant as they are not paying the housing allowance over to me, I should have recieved £1800 (they have been in for 107 days) but we have only recieved £960.
    Usual story saying the cheque hasn't come, (council said it's been paid to them)
    Anyway sorry to ramble, they have about two and half months left on 6 month contract, am I better just serving them notice to quit.
    Thanks, Grrrrrrrr, I fear this is one of many tenants who will be keeping the housing allowance.
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    #2
    Well using the term "Notice to Quit" suggests you might not be familiar with Section 8 and Section 21 Notices requiring possession.

    There is much information about both if you do a search on these forums and you will find the advantages and disadvantages of serving either one of them. You will also find out how to serve each notice correctly and the problems that can arise if you do not do so.

    You could serve both - the tenant may pay up arrears to avoid the court issuing a Possession Order under Section 8 but you will not get the tenant out at the end of the fixed period unless your serve a Section 21

    Have to dash but others may answer more fully.
    Vic - wicked landlord
    Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
    Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

    Comment

      #3
      Originally posted by Worldlife View Post
      Well using the term "Notice to Quit" suggests you might not be familiar with Section 8 and Section 21 Notices requiring possession.

      There is much information about both if you do a search on these forums and you will find the advantages and disadvantages of serving either one of them. You will also find out how to serve each notice correctly and the problems that can arise if you do not do so.

      You could serve both - the tenant may pay up arrears to avoid the court issuing a Possession Order under Section 8 but you will not get the tenant out at the end of the fixed period unless you serve a Section 21.
      True, but- once unpaid rent exceeds two months'- L can also use ground 8 (in s.8 Notice) which is a mandatory ground for possession.
      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

        #4
        Just a small correction - the S.21 Notice is a NSP(Notice Seeking Possession), not a NTQ.
        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.

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          #5
          Notice To Quit

          Hi there,
          my husband has inherited a house from his mother who passed away a year ago.The house has had her relatives in since 1996, we have now at long last got probate. We want to give them notice to leave so the property can be sold. They have continued to pay the rent since her death but it is very low £200 per month and is behind according to mums books.we have been unable to find a copy of their tenancy agreement in mums papers and tenants say they have lost their copy. Have found entry in mums accounts books referring to payment made to solicitor for sorting out tenancy but that is all. Solicitor has retired and has no copies of the agreement.Mum always told them that if anything happened to her the house would have to be sold to pay the inheritance tax so I'm hoping that we won't have problems with them. Our problem is we don't know how to give them notice, where do we stand legally? Do we give them two months notice and hope they don't refuse to leave or do we have to do it differently as they are inherited tenants? If anyone has any knowledge is this area we would be very grateful if you would share it. many thanks.

          Comment

            #6
            Suzy2: best if you start new thread on this.
            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

              #7
              Hi Jeffrey
              I tried to start a new thread but the system would not let me.I assumed it was because i am a new member and had to wait a while before qualifying. I tried several times and gave up.
              many thanks.

              Comment

                #8
                The tenants are very likely to be ASSURED tenants, rather than assured shorthold. Research the difference.

                You cannot serve a s21 notice. Basically you can only force them to leave if they are behind with rent, but there are other ways if notice was given prior to tenancy.

                Step 1: Ask them to leave nicely
                Step 2: If they dont, put up rent to full market value (using correct notice)
                Step 3: Get legal advice

                Or sell with assured tenants in situ, but at a discount
                All posts in good faith, but do not rely on them

                * * * * * ** * * * * * * * * * * * *

                You can search the forums here:

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