section 8 notice for tennant on 4 weekly payments

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    section 8 notice for tennant on 4 weekly payments

    I'm about to serve a section 8 notice on my tennant under grounds 8,10 and 11. As she is on LHA we agreed to set her AST payment period at every 4 weeks and she is now ten weeks unpaid.

    As the act refers to weekly, fortnightly and monthly periods under ground 8 do I have a problem using this ground?

    #2
    S.8 states that the tenant must have 8 weeks rent unpaid for rents reserved weekly in the AST (presumably payable in advance) so that would equate to your calculation being correct. Even if you have varied this to accommodate benefit payments it doesn't alter the tenant's obligations.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


      #3
      Originally posted by Paul_f View Post
      S.8 states that the tenant must have 8 weeks rent unpaid for rents reserved weekly in the AST (presumably payable in advance) so that would equate to your calculation being correct. Even if you have varied this to accommodate benefit payments it doesn't alter the tenant's obligations.
      I do not agree; sorry! OP reserved a rent payable four-weekly, not every week. So ground 8 is NOT AVAILABLE.
      It covers rent payable weekly, fortnightly, [calendar] monthly, quarterly, or yearly.
      It does not cover rent payable four-weekly, or two-monthly, or 'each University term/semester'ly, or six-monthly.
      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
        Other grounds

        Presumably grounds 10 and 11 can still be used?

        If I include ground 8 would this invalidate the whole notice?

        Do I need to refer this to a solicitor for a definitive view (I appreciate that members of the board may be legal professionals but are just giving their opinion and I shouldn't take this as definitive guidance).

        Many thanks for your advice.

        Comment


          #5
          Mgravell: Although your tenant pays 4-weekly, what does the tenancy agreement actually say? If it says monthly in advance (like most) but you just have an agreement to average out the rent, then you can use g8 on the monthly basis - ie g8 as soon as 2 months worth is unpaid.

          Comment


            #6
            Originally posted by mgravelle View Post
            Presumably grounds 10 and 11 can still be used?
            Yes, they can.
            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


              #7
              Originally posted by Snorkerz View Post
              Mgravell: Although your tenant pays 4-weekly, what does the tenancy agreement actually say? If it says monthly in advance (like most) but you just have an agreement to average out the rent, then you can use g8 on the monthly basis - ie g8 as soon as 2 months worth is unpaid.
              I agree. What counts is T's contractual obligation, not when T (or HB/LHA) chooses to pay.
              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

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