Tenant's rent arrears- almost two months' unpaid

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    Tenant's rent arrears- almost two months' unpaid

    I have a tenant who is almost two months in arrears with their rent.

    I have tried to make contact by telephone and a hand delivered letter but they have refused to make contact.

    I have made it clear that I am prepared to be reasonable in regard to the arrears including temporarily reduced rent or instalments but they have still not made contact

    I was going to issue a Section 8 notice giving two weeks notice when two months rent became overdue (in about a weeks time). However a colleague with legal knowledge in this area, has advised against this saying I would need to issue proceedings before doing this notice and it was likely to be very messy if I did.

    They advised to issue a Section 21 notice and pursue the unpaid rent throught the small claims court.

    I am confused about what to do....the S21 notice seems to inappropriate in this instance...

    #2
    Originally posted by Martin18 View Post
    I have a tenant who is almost two months in arrears with their rent.

    I have tried to make contact by telephone and a hand delivered letter but they have refused to make contact.

    I have made it clear that I am prepared to be reasonable in regard to the arrears including temporarily reduced rent or instalments but they have still not made contact

    I was going to issue a Section 8 notice giving two weeks notice when two months rent became overdue (in about a weeks time). However a colleague with legal knowledge in this area, has advised against this saying I would need to issue proceedings before doing this notice and it was likely to be very messy if I did.

    They advised to issue a Section 21 notice and pursue the unpaid rent throught the small claims court.

    I am confused about what to do....the S21 notice seems to inappropriate in this instance...

    Personally I would go for section 8.

    You do not need to wait till the rent is 2 months over due, only 2 months rent needs to be "unpaid" before you can server section 8 notice and then start proceedings. So basically as soon as send months rent is due, you can serve the notice.

    After 2 weeks you can start a claim for possession and rent arrears.

    If you go down section 21 route, you need to give 2 months notice, and then you will need to start possession proceedings. (You could try accelerated procedure – but tenant could request hearing) in which case you have to wait the same amount of time as you would with section 8 court hearing.

    You just need to decide which option would work for the best for you.

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      #3
      Your colleague is wrong. Anyway, you need not wait: there should simply be two months' unpaid [not same as two months' arrears].
      Before you proceed, use LZ search facility re "section 8" and "ground 8".
      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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