What notice is required to T before legal action for unpaid rent?

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  • What notice is required to T before legal action for unpaid rent?

    I correctly served s.21 to my T 05/02/10, it expires 23/04/10. T is now periodic and DPS holds 1 months rent.
    T failed to pay utilities charges in L’s name and L’s started a small claims action for a few hundred pounds.

    T’s next rent is due in advance 24/02/2010, given T’s history of not paying rent on time and the fact T’s due to leave 23/04/2010, could I send T a letter stating if rent is not paid on 24/02/2010 I start immediate legal action that day or do I have to give T some (7 days) notice?

    Thanks in advance

  • #2
    Originally posted by stephenenglish View Post
    .
    T failed to pay utilities charges in L’s name and L’s started a small claims action for a few hundred pounds.
    What does it say in the contract about utilities charges? i.e. was T responsible and should have given his details to utilities? If so, all you have to do is send utilities a copy of the contract showing T liable, and they will then take your name off the bills and pursue T for the debt.

    T’s next rent is due in advance 24/02/2010, given T’s history of not paying rent on time and the fact T’s due to leave 23/04/2010, could I send T a letter stating if rent is not paid on 24/02/2010 I start immediate legal action that day or do I have to give T some (7 days) notice?
    Rent isn't owed until it falls due, so I would wait until 25th Feb before sending a letter before action as it's a bit preemptive to do so before the rent is due (unless there is already one month's rent due and unpaid, in which case serve a s.8 notice on 25th Feb, as on that day there would be two months due and unpaid - faster than s.21 route and gets you an order for the rent owing to boot).

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