Persistent late payment of rent

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    Persistent late payment of rent

    Quick question for those of you in the know.......bear with me, whilst I give the back-ground:

    Been renting my flat out for over a year, and last year got a tenant in on a 6 monthly AST with no probelems or issues at all.

    At the beginning of this year (2010), when the lease was up for renewal, he signed on the dotted line for a 12 month AST.....

    However, since then my rent has been received late each month - sometimes over 2 weeks or more late.......which is a complete pain, as it's due to be paid at the start of each month to cover my mortgage payment.

    Speaking to the Estate Agent (who manages the property for me), there's not a lot I can do about it, as he's not in arrears.....

    Doing a bit of research, I've seen reference to both S8 and S21 of the Housing Act 1988 - and wondered where I stand in both respects....

    Question 1: S8, Ground 11 gives me the impression that I can give notice to quit due to (continuous) late payment of rent, and that the notice period is 2 weeks.

    Is this something that I'm "allowed" to do, as I'm fed up with this whole renting lark and am looking to now sell my flat?

    Question 2: As as a S21 is concerned, as the AST isn't due to finish until Jan/Feb 2011. Can I issue this now, and ensure that I put the right date for the notice to quit to be enforced (ie day after AST expires). Or do I have to wait until 2 months prior to the AST expiring?

    Many thanks

    #2
    Rental Issues

    I'm afraid it's an increasing problem.

    If you don't want the hassle I suggest you serve them with a notice, but make sure you follow the proper procedures.

    You can't just keep pushing them to pay on time without making a serious move to do something about it.

    IE

    Comment


      #3
      1. Yes. You can serve T with a s.8 Notice on two grounds: g10 (unpaid rent, even though not two months') and g11 (persistent late payment).
      However, these are discretionary. Even if you prove them, the Court has power to agree or disagree with your request for a Possession Order.

      2. You can serve T with a s.21 Notice at any time, even now, and even seek a Possession Order. However, no such Order can take effect earlier than the fixed term's expiry date.
      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


        #4
        Originally posted by BigBaldTone
        Question 1: S8, Ground 11 gives me the impression that I can give notice to quit due to (continuous) late payment of rent, and that the notice period is 2 weeks.

        Is this something that I'm "allowed" to do, as I'm fed up with this whole renting lark and am looking to now sell my flat?

        Question 2: As as a S21 is concerned, as the AST isn't due to finish until Jan/Feb 2011. Can I issue this now, and ensure that I put the right date for the notice to quit to be enforced (ie day after AST expires). Or do I have to wait until 2 months prior to the AST expiring?

        Many thanks
        Q1 - Yes but the grounds involving late payment are not mandatory so the action may well fail (broadly down to the whim of the judge, the more of a pattern you can show the more likely success). Having said that depending on the reason that the tenant is paying late, sending a letter before action, or court papers, may be sufficient to encourage him to get his act together.

        Q2 - Yes you can issue it now and if it expires after the AST and any deposit is protected and the relevant information given to the tenant it will be valid for action at that time.

        Comment


          #5
          Remember that a tenant who pays late but regularly is better than one who does not pay at all.

          Comment

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