sec 8 notice - arrears on sucessive tenancies

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  • sec 8 notice - arrears on sucessive tenancies

    I have a tenant who has 2 months arrears on their current 6 mth fixed term agreement and 1 month from their previous 2 mth fixed term agreement.

    I am about to serve a section 8 notice. Can I serve one notice to cover all 3 months arrears? If not what I do about the one month arrears on the previous 2 month tenancy?

    What I have drafted so far separates out the two Agreements, but puts them in the same section 8 notice. The wording I've put in section 4 of the notice is given below. Is this the right way to go about completing the notice?

    Wording in notice:

    The current monthly tenancy commenced 1st August 2006 at agreed rent of £550.00 pcm payable on 30th of each month thereafter. The six month Shorthold Tenancy Agreement was signed by both parties. To date, the tenants have paid the following:

    On 1st August 2006 a deposit of £550.00 was transferred from an earlier Tenancy Agreement. No rental payments have yet been made.

    On 24th August 2006 a letter was received from the Tenant acknowledging that August's rent was late and would be paid in two weeks time i.e. 6th Sep 06.

    On 2nd Sept 06 a letter was sent to the Tenant calling in the rent due. No payment was received was received for August's rent on the 6th Sept 06 as promised by the Tenant. Furthermore, September's rent due on the 30th August also remains unpaid.

    On the 5th September 2006 a letter was received from the Tenant apologizing for non-payment and stating that a payment would be made in two weeks time. The Tenant further stated however that she could not specify what that payment. There is therefore no reassurance from the Tenant that the Sept 06 rent will be paid or the arrears cleared.

    Therefore to date the following rent owed under the current Tenancy is:

    August 2006 - 550.00 pounds
    September 2006 - 550.00 pounds
    Total amount of arrears due since 1st August 2006, representing an arrears period of 2 months: 1100 pounds.


    In addition to the default on the current Tenancy, there is also default on the Tenant's prior monthly tenancy which commenced 1st June 2006 at agreed rent of £550.00 pcm payable on 30th of each month thereafter. The two month Shorthold Tenancy Agreement was signed by both parties. On this prior Tenancy, the tenants have paid the following:

    The first month's rent due on the 1st June 2006 was not paid until 14th August 2006

    On 24th August 2006 a letter was received from the Tenant stating that she did not have enough funds to make the July 06 payment which was due on 30th June 06. The July payment has still not been received to date.

    Therefore to date the following rent owed under the two month Tenancy dated 1 June 06 to 31 July 06 is:

    July 2006 - 550.00 pounds
    Total amount of arrears due since 30th June 2006, representing an arrears period of 1 months: 550.00 pounds.

    In summary the total rent due by the Tenant to date is:

    July 2006 - 550.00 pounds
    August 2006 - 550.00 pounds
    September 2006 - 550.00 pounds
    Total amount of arrears due since 30th June 2006, representing an arrears period of 3 month: 1650 pounds.

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  • #2
    If you get tothe point where you issue court proceedings, you will be required to show the arrears by a simple accounting sheet showing heads of
    Date Amount Due Payment received Arrears

    so the arrears column would have the total ascending arrears on it - it does not matter which period or which agreement these arrears stem from since, because it is the same tenant you are calculating what is due from that tenant over a period of time.

    I use quicken to keep my rent payments under control and that program produces an "account" for each tenant and can quickly be printed off to use in court proceedings or to send to the tenant periodically. It also acts as a rent book with the wording required by the rent book laws on the other side of an A4 piece of card.

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