Unpaid rent

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    Unpaid rent

    I have a tenant with an assured shorthold tenancy agreement. The rent on the agreement is monthly, although the tenant has never paid a monthly payment, but has paid in various amounts but mainly one week at a time. I would now like to give them notice for arrears. Do I have to give 8 weeks notice under section 21/28 or can I give one months notice as the tenant has never paid monthly.
    Any advice would be greatly appreciated. Thanks

    #2
    A. Section 28 is nothing to do with this.
    B. Section 21 is nothing to do with rent.
    C. As the AST prescribes rent due monthly, that's what counts.
    D. Best to use s.8. Once T owes at least two months' rent [NB: this does not mean two months' arrears], you can use mandatory g8 (+ g10/11 too).
    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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      #3
      When did T first move in? How long was the fixed term of the agreement?
      PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

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