Can part payment of rent count as non-payment

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    Can part payment of rent count as non-payment

    My tenant, who lives below me, recently lost both her jobs and is on DSS, is only part-paying the rent. She has always been late with the rent in the past but now she is paying me 2-weeks at a time and only £960 (£480 every 2-weeks) when the full rent is £1,040. This i was annoyed about but could accept because of her situation and because it will eventually work out right, however this time she has only payed me £450, another £30 short, which she said she will put under my door, but hasn't. I have tried phoning and knocking on her door but get no answer and its driving me mad .

    Does this count as non-payment of rent? And can i use it to issue a S8 notice for non-payment for 2-months. I don't imagine so but its a long shot.

    Also I am kicking her out at the end of her 6-month contract on the 19th June because i have family moving in, but am envisaging problems getting rid of her. I live above her flat, can i legitimately change the locks on the front door to both our properties and on her door on the 20th and then put her stuff in storage?

    I did a search on this in the forum but found nothing about it.

    Thanks

    #2
    You can use S8 but it isn't worth it, assuming she has an AST, serve her with an S21 now, make sure the dates are correct and if you are lucky she will move out. If not, get papers from your local county court. Getting your money back is a matter for the small claims court. As she is not answering, she is unlikely to pick up a recorded delivery letter so put this through her door yourself with a reliable witness watching. Don't change her locks or touch anything unless you want to spend some time at Her Majesty's pleasure!!! Go through the courts and let bailiffs do this if necessary.

    Comment


      #3
      Hi Mr Woof,

      I wanted to leave it as long as possible before giving her the S21 to ensure i get as much rent as possible out of her but it looks like i will have to give her exactly 2-months notice for the S21. Where can i get one of these? Do i have to go to a solicitor to get one or is there one on the internet (i have looked but to no avail yet).

      On the locks front i take your point but does that mean that if she is still there on the 20th of June i can't change the locks and claim i am doing it for security purposes (the front door is my front door as well). I guess not but i am just probing ideas.

      Thanks

      Comment


        #4
        You didn't say that it was a shared property, this changes everything, I believe this makes it an HMO, something I know nothing about so wait until one of the more knowledgeable scribes reads this thread. As regards changing the locks, I think you wil find that as it is a shared front door you would have to supply a key to the tenant so no point. For an S21 or any other forms search this forum and try www.rla.org.uk/ and www.landlordlaw.co.uk amongst others.

        Comment


          #5
          Don't do this!!!
          1. Don't even think about changing the locks if it prevents the tenant access to any part of her accommodation, even after the fixed term when the tenancy has supposedly ended.
          2. It will take much longer to evict even if you serve a S.21 now as it will have to go through the usual HB process of instructing the bailiff even after a warrant of possession has been granted [eventually]. (This all costs you extra money).
          3. Serving a S.8 Ground 8 Notice is no good unless the tenant is in arrears by AT LEAST 2 months rent, so in your case it's £2,080 that she will have to be owing you, and at least the same amount when you get to court! You can add Grounds 10 & 11 for persistent late payment etc.
          4. Don't make any advance plans concerning your family moving in there just yet!
          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

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