S8 during a S21 any quicker ?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • S8 during a S21 any quicker ?

    My tenant is under an S21 which is due to expire April 10. But she is trying to be difficult and am sure will try and stay there for free as long as it takes until the bailiffs come. Her rent is due monthly in advance on the 1st, and she has not paid this months rent, given no reason and is just not responding to requests by email. Her rent for March will be due in a few days. On which date can I issue her an S8 ? Would the S8 be any faster than the worse case scenario for the S21 in this case ?

  • #2
    1. Is tenancy in England and Wales ?
    2. what date did AST start ?
    3. what was the initial term ?
    4. is current AST the only agreement signed ?
    5. what is the rent ? and is it monthly/weekly stated in AST?
    6. was a deposit taken ?
    7. if so was it registered ?
    8. what date was S21 issued ?
    9. which was issued S21(1)(b) or S21(4)(a) ?

    Assuming tenancy is in E&W, and without knowing the answers to the above...

    1. if February rent say is due on 10th February, and she didn't pay, and march is due on 10th March and she doesn't pay, then on 11th march you can issue a S8 notice on grounds 8, 10, 11.

    2. The S8 notice will give her 14 days to pay up (up to 26th march including 48 hours for posting).

    3. If she still doesn't pay, on 27th March apply for court hearing online PCOL, and you should get a hearing date within 4-6 weeks from date of application.

    4. If she pays down arrears to less than 2 months on date of court hearing, you may not get possession.

    5. Assuming you've issued S21 correctly (is it 21(1)(b) or 21(4)(a)?), if you waited until 11th April and request possession, assuming she does not defend it, you could get possession order in about 5-8 weeks from date of application.

    At least with S21, its a no fault, and you are guaranteed to get the property back. With S8, she could still pay it down, or claim disrepair or various other delaying tactics.

    However, if you give the answers, you might get a fuller reply

    Comment


    • #3
      Thanks HavenR,

      Tenancy is in England and AST started June 9 last year for 6 months. Its lapsed to periodic now. Its the only agreement. AST states rent is 600/month due on 1st of each month, paid monthly in advance ( she paid pro-rata in the first month on 9th June, but has been paying on 1st ever since as per AST agreement ). 1 month Deposit taken and registered at start of tenancy. S21 (4a) was issued on Jan 27th. Expires 10th April.

      So I presume I can serve S8 on March 2nd by hand. She has to then pay up by March 16th, else I can apply via PCOL. Sounds like a much faster route if she is intent in trying to stay there for free as long as possible.

      I would not put it past her to pay £1 just to nullify the S8 for another month. She has the ability to pay so would that loophole work ? I guess I would then issue another S8 on April 2nd. The S21 should kick in on 10th April but as it takes so long, the S8 would put the pressure on her to stop messing me around and keep the debts to a minimum I suppose.

      Comment


      • #4
        Tenancy is in England and AST started June 9 last year for 6 months.
        So, the last day of the fixed term was 8th December 2009?

        You can serve s.8 by hand, but you'll need a witness. Use grounds 8, 10 & 11. See
        http://www.letlink.co.uk/letting-fac...-8-notice.html

        Comment


        • #5
          Sorry, I meant 6 months from 10th June. Last day of fixed term was 9th December 2009.
          Thanks for the link.

          Comment

          Latest Activity

          Collapse

          • Three guarantors = three guarantees of deed or just one?
            aciduzzo
            I will have three guarantors as there are three (student) tenants. The agency has sent me a guarantee-of-deed sample, but i'm not sure whether i should send a separate one to all guarantors, or just have one listing all guarantors. What do others on here do?
            25-07-2017, 10:05 AM
          • Reply to Three guarantors = three guarantees of deed or just one?
            theartfullodger
            How will you know who actually signs? Either do it front of you after copying id or via solicitor
            25-07-2017, 12:40 PM
          • Burglary Damage - Who Pays?
            Pb21
            Our rented flat was broken into, in the process the Yale lock was broken and cost £100 to repair. The landlord is refusing to pay this on the basis we didn’t also lock the door with the mortice lock. We didn’t use the mortice lock as it wasn’t working although the landlord did not know this....
            25-07-2017, 11:40 AM
          • Reply to Burglary Damage - Who Pays?
            theartfullodger
            It is landlord's responsibility, he may then choose to charge you for it (don't pay).

            If he refuses to fix it, not a lot you can do, sorry
            25-07-2017, 12:37 PM
          • Reply to Burglary Damage - Who Pays?
            mariner
            What was stolen?
            Did you have personal contents Ins?
            LL is resp for repairing the door, which he may claim from your deposit or give you the bill to pay.
            Why did you not notify him of broken mortice lock, which gave burglar easier access and may have compromised LL's Ins?
            Personally,...
            25-07-2017, 12:37 PM
          • Freeholder Scaffolding Over My Flat
            Jcg76
            I have a leasehold studio flat with a garden in London that I rent out to tenants.
            Recently, the freeholder gave me three days notice that he was extending part of the building my flat is joined to and he would need to put scaffolding on my flat roof and in my garden. I immediately objected saying...
            24-07-2017, 21:20 PM
          • Reply to Freeholder Scaffolding Over My Flat
            leaseholder64
            I would also have thought this was a case where planning permission was needed, as being flats, the normal permitted development rights, for extensions, would not apply. In that case, you, or rather your tenant, who should have forwarded it to you, should have received a consultation letter from the...
            25-07-2017, 10:55 AM
          • Reply to Three guarantors = three guarantees of deed or just one?
            jpkeates
            Each guarantor is guaranteeing their own student's liabilities, so there needs to be three deeds.

            Remember that each guarantor needs to see the tenancy agreement that they are guaranteeing (or one that is identical in terms) before they sign any deed and you should advise them in writing...
            25-07-2017, 10:34 AM
          • Reply to Freeholder Scaffolding Over My Flat
            jpkeates
            I'd suggest that tell the freeholder that your tenants are so badly affected by the work that you will either have to allow them to leave or offer a significant incentive to stay - which might be equal to all of the rent as compensation (if they were to leave). And see how they respond.

            ...
            25-07-2017, 10:30 AM
          • AST end date 31/07/17 advice needed.
            scooter08
            Hi, Guys, I have posted a few threads on this forum now and although the section 21 notice is probably invalid I don't want to let the landlord know that yet.
            I'm after help with writing my landlord a letter. He wants us out on the 31/07/17 and keeps asking me how I intend to leave the keys for...
            25-07-2017, 09:54 AM
          Working...
          X