Section 8 - 2 months in arrears question

[agoodlandlord]

Just reading up on the details of section 8 and evicting of tenants who do not pay. My tenant already owes me rent from Dec 2009 and has not paid despite letters, e-mails, txt msgs, and phone calls.

Rent is paid in advance. So the Dec 2009 payment would have been for the Dec 2009 month. No section 8 ground 8 requires that the tenant is owing 8 weeks rents when you serve the notice.

My question is, can I serve the section 8 when the rent for Jan 2010 becomes due early this month as I would have thought he is then owing 8 weeks worth of rent in effect? Or do I have to wait until the full 8 weeks of non-payment to be up before I can serve notice?

He also paid late in month 2 of his tenancy. Obviously hasn't paid month 3 as yet, and doesn't look likely he will pay month 4. Is that enough to list ground 10 as well on the section 8 notice?

Thanks.

[agoodlandlord]

Hi again,

I have just done more digging around in the suggested links and think I have found the answer. But further confirmation would not be unwelcome.

The tenant did also have a guarantor on file. I have written to them demanding payment but no payment has been forthcoming. Where do I stand in this case? Do I have to take in to consideration the guarantor before serving a section 8? Does it complicate things?

Thanks.

[jta]

You can serve the S8 grounds 8/10/11 as soon as the rent is 2 months unpaid, that is effectively one month and one day. (two rent days).
You can demand the money from the guarantor, if it's not forthcoming then issue a court claim on both of them.

[agoodlandlord]

Thanks.

That sounds expensive - 2 court fees instead of just one.

This is going to be the first time I am going to have to evict someone (and go to court). Scary!

This tenant was found by the agency I was using (which has now disappeared leaving a mess - see my other posts). After this experience with agencies I am definitely going to stick to managing things myself from now on even though I live many miles away from my property. Being in control of things and making sure things get done properly more than compensates for the effort and petrol costs (and I save on the agency fees anyway).

[jta]

One court fee. Join them both in the same action.

[Ericthelobster]

One court fee. Join them both in the same action.

Can you include a guarantor in a S8 repossession (as opposed to a small claim?)

[jta]

Can you include a guarantor in a S8 repossession (as opposed to a small claim?)

Ah! Dunno! Jeffrey?

[tom999]

My question is, can I serve the section 8 when the rent for Jan 2010 becomes due early this month as I would have thought he is then owing 8 weeks worth of rent in effect? Or do I have to wait until the full 8 weeks of non-payment to be up before I can serve notice?

Serve s.8, g8, 10, 11 on tenant (T), as soon as:
(a) 8 weeks rent is unpaid- if rent paid weekly, or
(b) 2 months rent is unpaid- if rent paid monthly.

g8 is a mandatory ground, and is applicable under (a) & (b). g10, 11 are discretionary grounds.

Can you include a guarantor in a S8 repossession (as opposed to a small claim?)

s.8 claim will be against T not guarantor.

[jeffrey]

Can you include a guarantor in a S8 repossession (as opposed to a small claim?)

s.8 claim will be against T not guarantor.

Yes, although L's right to recover the debt will be against T and G.

[agoodlandlord]

If after serving the section 8 the tenant vacates the property within the 14 days, do I still need to go to court to get possession. If tenant does not inform me that they are vacating could I go to the property on day 14 to see if they have left on their own? Would it be legal to do this and then change the locks if it appears that they have left the property?