Tenant holding-over on periodic tenancy now in arrears

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    Tenant holding-over on periodic tenancy now in arrears

    I have a tenant within an HMO house. After his tenancy agreement ended, I did not issue a fresh contract and, therefore, just rolled onto a periodic AST. I did this as his rent has been late on several occasions and I did not want to get comitted to a fresh long term contract until I saw he was becoming regular again on his rent payments.

    Anyway, he is now 1 month in arrears on his rent and I want to serve notice.

    Please can you suggest how I should go about writing this letter, and how much notice do I need to give? Would the period of notice I have to give be shortened because he is 1 month in arrears on rent?

    #2
    No, until he owes you two months' rent, all you can do is issue a section 21 notice (Notice Requiring Possession) - see the Agreements section of this site for a proforma. That gives him two months' notice - and the two months should end on the day before the rent is due. You don't have to write a specially worded letter - just print off and fill in the form correctly and send it by registered post so you have proof of service. Remember to allow a couple of days for delivery - the two months' notice should begin once he gets it, not the day you fill it in.

    If he gets to the point where he does owe you two months rent, you can then issue a section 8 notice which is a faster way to get him out but you may have to get a court order if he refuses to leave.

    If you definitely want him to leave, you should serve a section 21 because a section 8 can be ineffective if he then pays off some of the arrears before it gets to court.

    Can we assume that he has an individual AST contract for his room and use of the communal areas, not a joint tenancy contract with the other occupants of the HMO?

    And that you have protected his deposit in a scheme?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #3
      Originally posted by mind the gap View Post
      No, until he owes you two months' rent, all you can do is issue a section 21 notice (Notice Requiring Possession)
      Wrong. L can serve s.8 Notice on ground 10 [rent arrears] and ground 11 [persistent late payment- if it is].
      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
        Originally posted by jeffrey View Post
        Wrong. L can serve s.8 Notice on ground 10 [rent arrears] and ground 11 [persistent late payment- if it is].
        Sorry - my error - however, as ground 8 is the only mandatory one, is it really worth it?
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

        Comment


          #5
          Originally posted by mind the gap View Post
          Sorry - my error - however, as ground 8 is the only mandatory one, is it really worth it?
          Grounds 1-8 are mandatory.
          Grounds 9-17 (inc. 14A) are discretionary.
          All are worth using, in appropriate circumstances.
          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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