Part paid rent

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    #16
    Originally posted by Snorkerz View Post
    You can not issue your section 8 until the unpaid rent is equal to 2 months worth - but rent does not become unpaid until the day after rent day. It would appear mid-December rent was paid, and half of mid-jan rent was paid so you will not be able to s8 until mid March (ie Feb & March totally unpaid).
    Not quite so. L can already serve a s.8 Notice on (discretionary) grounds 10/11. It's only (mandatory) ground 8 that's not yet usable.
    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).

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      #17
      Originally posted by jeffrey View Post
      Not quite so. L can already serve a s.8 Notice on (discretionary) grounds 10/11. It's only (mandatory) ground 8 that's not yet usable.
      Very true - and indeed a s8 on grounds 10/11 might be a good scare tactic but they are up to the judge. Maybe OP could also include ground 17 which might encourage the judge to grant possession if viewed in conjunction with 10 & 11.

      The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by—
      (a)the tenant, or
      (b)a person acting at the tenant’s instigation.

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        #18
        Part paid rent

        Sorry for asking but what is "OP"? And what do you mean by grounds 17 and that statement?

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          #19
          Originally posted by jinty1967 View Post
          Sorry for asking but what is "OP"? And what do you mean by grounds 17 and that statement?
          OP = 'original poster' = you
          Ground 17, see http://www.letlink.co.uk/letting-fac...-8-notice.html

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            #20
            Part paid rent

            Thanks for that advice, am now counting the days until I can serve notice..

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              #21
              Part paid rent

              The rent has not been paid on both Jan and Feb due dates, however a payment of 200 (less than half of one months rent) was received midway between them, do I have to wait until the next due date mid March to issue S8, gr 8, 10 and 11? (and poss gr 17)
              Thanks for your patience with this..

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                #22
                Originally posted by jinty1967 View Post
                The rent has not been paid on both Jan and Feb due dates, however a payment of 200 (less than half of one months rent) was received midway between them, do I have to wait until the next due date mid March to issue S8, gr 8, 10 and 11? (and poss gr 17)
                Thanks for your patience with this..
                Ignore which part-months might have been paid.
                As at now, does T owe an amount equal to (or exceeding) two months' rent?
                If yes, g8 applies. If no, it doesn't.
                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


                  #23
                  Part paid rent

                  I've just found out that the tenants girlfriend (and him) did a runner from their last place in the last few weeks, when the bailiffs arrived. She has signed as his (my tenants) guarantor in a different name to what she uses as email, she has given my house address to police for a traffic offence, and the other surname too.
                  Their stuff is still in the house, but no sign of them (neighbours report) I am about to serve notice on them but what if theyre not there to receive?

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                    #24
                    Originally posted by jinty1967 View Post
                    Their stuff is still in the house, but no sign of them (neighbours report) I am about to serve notice on them but what if theyre not there to receive?
                    Doesn't matter. The notice is deemed to be served if served by post to the rental property. Don't, however, use a signed-for postal service. Keep copy notice, post first class and get a free certificate of posting from the PO (which requires no signature on receipt), and keep copy notice+certificate as proof of service.

                    Do not be tempted to change the locks. See
                    http://www.landlordzone.co.uk/legal/abandonment.htm

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                      #25
                      Part paid rent

                      Can I let the previous landlord know where they are so that his bailiffs can sort out what they owe there?
                      (I'm thinking this may encourage them to leave mine just as fast if the bailiffs 'find' them?)
                      I realise I cant enter the property/change locks etc.. so I just go ahead with the section 8, then proceed to court for possession?

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