more advice on evicting tenants/section 8

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    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

                  Latest Activity

                  Collapse

                  • Reply to compensation for no heating or hot water for 2 weeks in winter?
                    by jpucng62
                    Providing heaters and a cash sum to pay for the extra cost running them will incur might take the sting out of the situation. I cannot imagine being without heating and hot water for 2 weeks!
                    25-01-2022, 09:09 AM
                  • Reply to Water Damage
                    by Hudson01
                    If i am honest i feel they have a point, they rented a bedroom not a lounge to keep moving their bedding in and out of for a couple of weeks, if you do give a rent reduction then add this onto the bill for the insurers. I assume that the lounge is shared by them all so what if the tenant who's bedroom...
                    25-01-2022, 09:05 AM
                  • Reply to Water Damage
                    by jpucng62
                    Put yourself in their shoes - they have lost their lounge and the tenant using it as a bedroom has lost their privacy. They are paying for something they are not getting and although it isn’t your fault it is not their fault either.

                    I would offer them something and try to get it back...
                    25-01-2022, 09:03 AM
                  • Reply to Regulated Tenancy
                    by AndrewDod
                    Well everything has a price. The price discount here may be to purchase at about 10% of the price of a similar non-problematical property if you want to take a punt on possible a very long term benefit versus a long term loss....
                    25-01-2022, 08:44 AM
                  • Reply to Water Damage
                    by DoricPixie
                    Keeping a soaking wet carpet in-situ until such time as the council can come out and inspect doesn’t sound ideal for either the tenants or your property. Have you contacted your own insurers?...
                    25-01-2022, 08:42 AM
                  • Reply to Water Damage
                    by DoricPixie
                    And if you don’t meet their demands by the deadline what exactly are the tenants going to do?...
                    25-01-2022, 08:37 AM
                  • Water Damage
                    by Cheetah
                    I have three 20-somethings in an ex-council flat in a block of six. A week ago they reported that the carpet and the furniture legs in the small bedroom had been damaged by water ingress. The tenant in that room had to move into the lounge. The council have accepted responsibility for the damage as...
                    25-01-2022, 08:34 AM
                  • Reply to What to do at the end of an AST period?
                    by jtufty
                    An update:

                    The tenant's partner has spoken to his support worker and theyve confirmed he will lose all his benefits if he moves in. So the tenant has decided to leave things as they are and wants to go into another 6 month AST.

                    Rather than continuing on a Periodic Tenancy,...
                    25-01-2022, 07:56 AM
                  • What to do at the end of an AST period?
                    by jtufty
                    Hi,

                    I rent a property. The initial 6 months of the AST ends in Jan 2022. The tenant is very nice and she asked yesterday if she can stay on for another 6 months.

                    Is it a simple case of just giving her another AST contract to sign? Im sure it is, but wondered if theres anything...
                    28-12-2021, 08:35 AM
                  • Reply to compensation for no heating or hot water for 2 weeks in winter?
                    by L4NDLORD
                    slightly off point you might think at first but stay with it.....i was doing up a fairly good flat on third floor of block and found the gas supply pipe had a smaller bore than as required for a modern combi boiler. So we chucked in a conventional system boiler rated at something like 7 or 8 kw and...
                    25-01-2022, 04:44 AM
                  Working...
                  X