more advice on evicting tenants/section 8

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    more advice on evicting tenants/section 8

    Hi
    we are hoping to evict a tenant but I am not entirely sure where we stand. Her payments so far have been as follows. June was the first month.

    Due 10 June 2010 Paid 14 June 2010.
    Due 10 July 2010 Paid £150 6th August 2010 - £310 outstanding.
    Due 10 August 2010 Paid £200 26th August 2010 - £260 outstanding
    Due 10th september 2010 - Paid £150 13th September 2010 - £310 Outstanding


    She currently effectively owes £880 which is just under 2 months rent (£460pcm).
    From reading this forum I understand that she will have to owe the full £920-is that correct?

    If I serve the notice on the basis of late-payment, how many late payments are generally considered to be grounds for eviction?

    If she now starts paying again and remains £880 in arrears-do I have any grounds for eviction?

    Thanks for any advice received.

    Karl

    #2
    The property is in the UK. we are on sabbatical in Canada-dont want any confusion from the 'location'!!

    Comment


      #3
      If T owes any rent, L can use ground 10; if T persistently pays late, L can use ground 11. Both such grounds give the Court discretion. However, as soon as T owes at least two months' rent [i.e. 'unpaid', not the same as 'two months' rent arrears'], L can use ground 8 too- it is mandatory.
      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
        Thanks

        one thing that has crossed my mind, is that in the contract we have said that if she pays late then she owes us a penalty charge.

        if this + the owed rent adds up to the 2 months would i then beable to issue section 8, could I say that what she has paid has paid off the charges.

        I suspect that this would be too pedantic!!! and more to the point- not work!

        Comment


          #5
          'Rent' does not include anything else- so it's only rent that counts for g8/10/11 purposes.
          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


            #6
            Is tenant perhaps withholding the 22% tax on behalf of HMRC under the scheme
            http://www.hmrc.gov.uk/cnr/nr_landlords.htm
            or do you have certificated exemption from those measures...???

            The rent @ £460/mo appears to be above HMRC £100/wk limit...

            And T has address in UK to serve notices on you?? In not, rent ain't due (well, in England certainly I believe..)

            If beyond the initial fixed-term period S21 easier??
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              Is the property in England or Wales?
              Is the property a HMO or part of a HMO?
              Was a deposit taken, and is it protected?
              Have you served a section 21 notice.

              Comment


                #8
                Originally posted by Gaslamp View Post
                Her payments so far have been as follows. June was the first month.

                Due 10 June 2010 Paid 14 June 2010.
                Meaning that you allowed T to move in on 10th June without receiving the first month's rent in advance?

                Comment


                  #9
                  Originally posted by Gaslamp View Post
                  Thanks

                  one thing that has crossed my mind, is that in the contract we have said that if she pays late then she owes us a penalty charge.
                  I don't think this would be enforceable. You can't issue a "penalty charge".
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment

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