HB Tent in arrears; S21 / S8 Notice..?

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  • 1 AHT
    replied
    Thanks havenrus

    Leave a comment:


  • havensRus
    replied
    Here goes:

    1. Noted.

    2. Noted - date exactly?

    3.The tenancy has not run out. The fixed term has ended, but the tenancy is now in the Statutory Periodic Tenancy (SPT) phase. The terms and conditions of the AST signed in January 08 are still valid.

    4. You took a deposit. Whether or not part of it bounced, protect whatever it is that you have, and do it now. You cannot issue a valid S21 without protecting the deposit. When you do issue the S21, it should be S21(4)(a). See Serving S21.

    5. Noted.

    6. That's a lot of top ups, but yes, its easily racked up.

    7. You can issue and should issue a Section 8 notice asap, on grounds 8, 10 and 11. See Serving S8. Then after the 2 weeks notice period, and if they haven't paid up, you can start court proceedings. Use the online PCOL. You should get a court date within about 4-6 weeks of applying. If on date of hearing, they still owe more than 2 months or 8 weeks of arrears, then possession will be granted based on mandatory ground 8. If by then, they've paid down the arrears to below 2 months, possession may not be granted.

    HTH.

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  • 1 AHT
    replied
    Originally posted by havensRus View Post
    You need to provide a few more pertinent details:

    1. Is tenancy in England & Wales - England
    2. what is start date of tenancy - January 2008
    3. what is length of fixed term - 6 mths, 9mths, 1 yr?? - 12 Months AST4. Did you take a deposit and if so is it protected? - Deposit taken (half of it bounced) Not protected
    5. what is monthly/weekly rent - £495 Monthly / 4 Weekly £456.92
    6. how much does T now owe?They owe £2,007.65 in make up rent
    I appreciate I should have come down like a ton of bricks far sooner...

    Leave a comment:


  • havensRus
    replied
    You need to provide a few more pertinent details:

    1. Is tenancy in England & Wales
    2. what is start date of tenancy
    3. what is length of fixed term - 6 mths, 9mths, 1 yr??
    4. Did you take a deposit and if so is it protected?
    5. what is monthly/weekly rent
    6. how much does T now owe?

    Leave a comment:


  • 1 AHT
    started a topic HB Tent in arrears; S21 / S8 Notice..?

    HB Tent in arrears; S21 / S8 Notice..?

    Hello Ladies and gents;

    New to the forum, althuogh have been a lurker for a while.

    I have a tennant who HB pays for, direct to me. There have never been any issues with payment etc, always on time, as one would expect.

    They are required to "make up2 the remainder. This is where the problems arise.

    Time has moved on, and they are now owing a reasonable amount of kake up rent to me, for which I have tried time and time again to politely ask for, for them to keep changing the subject and turning things round on me.

    I am now wishing to issue a S21 notice this coming Saturday/Sunday in person to them, and am taking a witness.

    Is it worth issuing a S8 notice at the same time?

    I must add that just to complicate matters, the tennancy has run out, and they are clearly still living in the house.

    Would statute dictate that I am still ok to issue the above notices etc ?

    I am calling them toight (Thursday) to notify them of my intenbted visit, at a time suitable for them over the weekend. (24hr + notice)

    My main question is... how do people see this going ? - I appreciate that I have failings on my part, but they also do.

    I will update the post as things materialise.

    Many Thanks

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