Periodic AST- is 2 months the minimum time for eviction?

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    Periodic AST- is 2 months the minimum time for eviction?

    Having read through different notices etc, but still being a bit of an eejit, am I right in thinking that legally two months is the minimum legal notice that can be given for what ever reason, how ever much the tenant is in arrears? (and they are on a periodic agreement).

    #2
    Originally posted by teflsue View Post
    Having read through different notices etc, but still being a bit of an eejit, am I right in thinking that legally two months is the minimum legal notice that can be given for what ever reason, how ever much the tenant is in arrears? (and they are on a periodic agreement).
    No. If they owe you at least two full months' notice you can serve a section 8, ground 8, then apply for a court order for possession 14 days later. You should be granted a mandatory possesion order, unless T pays some arrears off in before the court hearing.

    If this is the same tenant you describe in your other thread, you could also add grounds 10 and 11 (some rent owed & persistent late payment) and 14 (anti-social behaviour) and 15 (damaging contents of property) which will all strengthen your case, even if he does pay off some arrears. You will need evidence of his behaviour and your communications with him about it, however. Have you kept a record of the complaints about it by yourself and the other lodger/tenant? Might be an idea to begin one straight away.
    '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


      #3
      Hi, thanks. Yes this is the same tenant. I have this one and a new one coming in in another place, so I want to make sure I get it all right this time. The section 8 you mention above, do I have to go to court for this or can I issue it and then if it doesn't work take it further? I keep reading and reading and am not really sure what it means when it says 'issue'. I know that makes me sound an idiot but - well there you go, I am in this.

      Hold on read again. So to get this clear...
      I send him a copy of the secion 8 with 14 days notice and then if that fails I go to court? (sorry... how exactly?)

      Comment


        #4
        Originally posted by teflsue View Post
        Hi, thanks. Yes this is the same tenant. I have this one and a new one coming in in another place, so I want to make sure I get it all right this time. The section 8 you mention above, do I have to go to court for this or can I issue it and then if it doesn't work take it further? I keep reading and reading and am not really sure what it means when it says 'issue'. I know that makes me sound an idiot but - well there you go, I am in this.

        Hold on read again. So to get this clear...
        I send him a copy of the secion 8 with 14 days notice and then if that fails I go to court? (sorry... how exactly?)
        First, there is an error in my last post - it should read 'two full months' rent' (not 'two full months' notice'). Apologies.

        A proforma for a section 8 notice can be downloaded from the Agreements section of this site. It's quite straightforward. By 'issue' it means 'serve notice' i.e. send it to the tenant by recorded delivery, or get a witness to verify that he has received it.

        The section 8 notice tells the tenant why you are seeking a possession order.

        More details about section 8 notices can be found on this forum (search 'section 8') or on this site :

        http://www.letlink.co.uk/letting-fac...-8-notice.html
        '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
          As to Notice periods, under s.8, the period can be two months or two weeks or [g14] nil! Here's what the Housing Act 1988 says:

          (4) If a notice under this section specifies in accordance with subsection (3)(a) above Ground 14 in Schedule 2 to this Act (whether with or without other grounds), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the date of the service of the notice.

          (4A) If a notice under this section specifies in accordance with subsection (3)(a) above, any of Grounds 1, 2, 5 to 7, 9 and 16 in Schedule 2 to this Act (whether without other grounds or with any ground other than Ground 14), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than:
          (a) two months from the date of service of the notice; and
          (b) if the tenancy is a periodic tenancy, the earliest date on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section.

          (4B) In any other case, the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the expiry of the period of two weeks from the date of the service of the notice.
          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


            #6
            I'm still confused. Have looked at it all and downloaded but on the housing act that I checked it says:
            Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing—

            (a)if rent is payable weekly or fortnightly, at least thirteen weeks' rent is unpaid;
            (b)if rent is payable monthly, at least three months' rent is unpaid;


            http://www.opsi.gov.uk/Acts/acts1988...19880050_en_14

            So where does the two months come in? He is two months and one or two weeks (goes up and down) in arrears, he now pays weekly but that only comes to 10 weeks. Sorry if I'm being dim - yet again.

            Comment


              #7
              I think you will find that is out of date and it was changed.

              Comment


                #8
                Originally posted by teflsue View Post
                I'm still confused. Have looked at it all and downloaded but on the housing act that I checked it says:
                Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing—

                (a)if rent is payable weekly or fortnightly, at least thirteen weeks' rent is unpaid;
                (b)if rent is payable monthly, at least three months' rent is unpaid;

                http://www.opsi.gov.uk/Acts/acts1988...19880050_en_14

                So where does the two months come in? He is two months and one or two weeks (goes up and down) in arrears, he now pays weekly but that only comes to 10 weeks. Sorry if I'm being dim - yet again.
                Originally posted by johnboy View Post
                I think you will find that is out of date and it was changed.
                Yes. The periods were changed (to eight weeks/ two months) by the Housing Act 1996.
                For updated text of any Act, use only http://www.statutelaw.gov.uk/Home.aspx
                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


                  #9
                  Aha! Thank you ;-)

                  Comment

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