Notice to LHA tenant; can L change locks yet?

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    Notice to LHA tenant; can L change locks yet?

    Hi

    A tenant claimimg from LHA has not paid part of his deposit which he promised and also the difference in rent from what the LHA have agreed on.

    He moved into the property 5 weeks ago, and is already in arrears with his rent and keeps promising to pay next week, or next so and so, ..

    When can i serve him a section 8 notice as I believe this is what will apply to him, as he is on AST for 6 months. ( Whats the earliset period ) ?

    After that has expired , what can I do ?
    What sections should be mentioned ?

    Even though the tenancy agreement states LL can give him 30 day notice, does this mean it is invalid notice period or not ?

    Please advise as I am losing my cool with this guy and feel I will get physical if he carries on.
    I have my brother who wants to move in, as needs a place to stay in, so can I somehow get him in there and this cheap skate out of my house .

    Any more info required please ask, and will try to provide as much info as i can.

    Thanks

    #2
    1. Ignore that T is claiming benefit. Ignore the '30 days' clause. Keep calm.
    2. Instead, focus on:
    a. what T should pay; and
    b. what T actually pays.
    3. Once T owes any rent (i.e. fallen due but not paid on due date), you could serve T under s.8 on ground 10.
    4. Problem: that's only a discretionary ground.
    5. Solution: once T owes at least two months' worth of rent, serve under s.8 on grounds 8/10/11. Ground 8 is mandatory.
    6. Example:
    T is to pay rent of £500 p.m., monthly in advance.
    T receives LHA. Amount irrelevant for this purpose.
    As at 30 June, T owes £750, an amount equivalent to 1.5 months' rent.
    Nothing is paid on 1 July.
    On 2 July, T now owes > two months' rent.
    L (you) can serve s.8 Notice (g8/10/11).
    After two weeks, L can begin proceedings.
    If T's debt is still at least two months' worth of rent at the hearing date, Court must order immediate possession: no delay/adjournment/suspension.
    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


      #3
      Thankyou for a quick response, can i just clarify:

      The section 8 can only be issued AFTER two months rent has not been paid, so at this very moment theres nothing i can do ?

      Also when section 8 is issued how long do i date it for ie: when do i remind T that it will be taken to court by what date ?

      Does the difference in payment from what LHA pay and what he owes class as rent arrears for the 2 months, even though LHA pay their part of it ?

      and i read somewhere if he decided to pay some part of his rent within the period of S8 letter and court proceeding, then the S8 may become invalid, so assuming that is the case, can i refuse to accept a small rent payment from him , if he tries to be clever with going down this route, and that way would I still be able to keep the S8 valid, if I refuse to admit he offered to make any payment?

      It may sound a little sly of me to try the last thing mentioned, but I really think I want to play them at their own game also.

      Thanks again

      Comment


        #4
        Contact the Housing Benefit department now, and tell them that the tenant is in arrears.

        They are unlikely to do anything, but report it to them, and follow it up with a written letter.

        Serve a "Section 21" notice now, you can serve a sec 8 with mandatory grounds later if you need to.

        I wouldn't advise you refuse to accept rent, or "Get physical" with him, unless you like to pick up soap in your spare time.
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #5
          What is mentioned in a section 21 and when is it used and what needs to be mentioned in it. As for picking up soap, I'l take some shower gel as an alternative if need be

          Comment


            #6
            Originally posted by jeffrey View Post
            6. Example:
            T is to pay rent of £500 p.m., monthly in advance.

            As at 30 June, T owes £750, an amount equivalent to 1.5 months' rent.
            Nothing is paid on 1 July.
            On 2 July, T now owes > two months' rent.
            L (you) can serve s.8 Notice (g8/10/11).
            After two weeks, L can begin proceedings.
            If T's debt is still at least two months' worth of rent at the hearing date, Court must order immediate possession: no delay/adjournment/suspension.
            Just to double check on your eg: Are you saying that s8 can be issued 6 weeks after rent arrears (30th June = 1.5mth rent, and 2nd July you state its now 2 months, bit confused with that bit ) and then 2 weeks later proceeding can start , which would then be 8 weeks in total by time proceeding have started, or do i wait full 8 weeks, then serve s8, and wait another 2 weeks before proceedings.

            Comment


              #7
              To use S8 g8/10/11. You need to have not received rent on one due date and then for the rent to not be paid on the next due date. That is two months owing. Don't call it arrears, it's only that after the whole two months have passed.
              I offer no guarantee that anything I say is correct. wysiwyg

              Comment


                #8
                Originally posted by jta View Post
                To use S8 g8/10/11. You need to have not received rent on one due date and then for the rent to not be paid on the next due date. That is two months owing. Don't call it arrears, it's only that after the whole two months have passed.
                True, but it's not necessarily whole months' rent. Bits unpaid can eventually add-up to two months' worth.

                When you write Don't call it arrears, it's only that after the whole two months have passed, you mean
                Don't call it arrears. The word 'arrears' applies only once the whole two months have passed. Rent can be 'unpaid' much earlier than that.
                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


                  #9
                  Fank oo Jeffrey. I will try and fit that phrase into my over filled bonce.
                  I offer no guarantee that anything I say is correct. wysiwyg

                  Comment


                    #10
                    Originally posted by Godfather View Post
                    What is mentioned in a section 21 and when is it used and what needs to be mentioned in it.
                    Have a look at these:

                    Serving Section 21
                    http://www.landlordzone.co.uk/section-21-notices.htm

                    Serving Section 8
                    http://www.landlordzone.co.uk/pdf/se...section%208%22

                    For S8 and S21 forms
                    http://www.landlordzone.co.uk/agreements_registered.htm

                    Comment


                      #11
                      Sorry if i sound thick, but still wanting an answer on issuing section 8:

                      Is it issued AFTER 8 weeks rent is unpaid, and once issued Does section 8 mention that they have another 2 months to make payment, so does it mean that altogether it will be 16 weeks before i can do anything ? If not, then waht would be the expiry date on the section 8 letter ? ( is it to be dated 2 weeks from issuing muself, or is there a minimum period before proceedings can begin ?

                      Just want to know when proceeding can begin and what info will be on the letter with deadline date to comply ?

                      Who will cover the rental differnce btw whilst this is ongoing and finally gets decided in court when it gets there ?

                      Comment


                        #12
                        Originally posted by Godfather View Post
                        Sorry if i sound thick, but still wanting an answer on issuing section 8:

                        Is it issued AFTER 8 weeks rent is unpaid, and once issued Does section 8 mention that they have another 2 months to make payment, so does it mean that altogether it will be 16 weeks before i can do anything ? If not, then waht would be the expiry date on the section 8 letter ? ( is it to be dated 2 weeks from issuing muself, or is there a minimum period before proceedings can begin ?
                        I haven't looked for a while, but after serving a section 8 for 2 months rent arrears(I don't believe it's 8 weeks), the notice period is 2 weeks.
                        So after two weeks, you can apply for possession if the tenant hasn't brought the rent down to under two months in arrears.

                        Originally posted by Godfather View Post
                        Who will cover the rental differnce btw whilst this is ongoing and finally gets decided in court when it gets there ?
                        What do you mean "Who will cover it". The tenant owes all unpaid rent.
                        Allow tenants to protect their own deposits. I want free money when they do it wrong

                        Comment


                          #13
                          Thanks for clearing that up, one more thing though, I have just had a look at the s8 form, and can I edit some paragraphs from there which show what describe what the landlord can and cant do, and just keep the main bits in that matter.

                          Dont like the fact that on the form it mentions the LL cant remove you etc , for T to read. Is this editable and will it still be valid as long as all the blanks are filled in on the form ?

                          Comment


                            #14
                            Leave it as it is.
                            Allow tenants to protect their own deposits. I want free money when they do it wrong

                            Comment


                              #15
                              Originally posted by thesaint View Post
                              I haven't looked for a while, but after serving a section 8 for 2 months rent arrears** (I don't believe it's 8 weeks), the notice period is 2 weeks.
                              So after two weeks, you can apply for possession if the tenant hasn't brought the rent down to under two months in arrears**.
                              ** Please stop confusing the issue. 'Arrears' has nothing to do with it, for rent due weekly/fortnightly/monthly.
                              Read ground 8- it says 'unpaid'. See post #51 on http://www.landlordzone.co.uk/forums...ad.php?t=28889.
                              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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