Notices to T; and can L contact T's parents?

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

    Notices to T; and can L contact T's parents?

    I have a tenant who has a 1 year agreement from November and should her pay her rent weekly.

    She is always late with her payment and is running 6 weeks behind but seems to keep it under 8 weeks for obvious reasons.

    I read load on contradicting info some say you cannot issue a section 21 unless she’s out of her agreement some say you can. Also it has been mentioned in some flow charts it’s classed as periodic and you want her out early and some say it’s classed as fixed term as she still in her fixed term.

    Another site says you can give 2 weeks’ notice on a section 8 on a ground 12 but lot of other places say 2 months I’m lost and cannot afford to keep losing money hand over fist as I have no other income.
    So in short what can I issue is it fixed term and notice peroid

    #2
    When did the tenancy agreement start?
    How much is the rent?
    Was a deposit paid?
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Originally posted by thesaint View Post
      When did the tenancy agreement start?
      How much is the rent?
      Was a deposit paid?
      12 oct
      £92 a week
      yes and placed into bond in oct
      also sent a letter out saying she was in arrears over a month ago

      Comment


        #4
        Originally posted by wrusst View Post
        I read load on contradicting info some say you cannot issue a section 21 unless she’s out of her agreement some say you can.
        They're both right. You serve s.21(1)(b) if the fixed term is running; or s.21(4)(a) if it's already expired.


        Originally posted by wrusst View Post
        Another site says you can give 2 weeks’ notice on a section 8 on a ground 12 but lot of other places say 2 months
        They're both right, so far as concerns s.8 Notices generally. Some grounds demand two weeks'; some demand two months'; and one [g14] needs no Notice period at all! For g12, however, it's two weeks' [s.8(4B)].

        Here's s.8(4)/(4A)/(4B):


        (4) If a notice under this section specifies in accordance with subsection (3)(a) above Ground 14 in Schedule 2 to this Act (whether with or without other grounds), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the date of the service of the notice.

        (4A) If a notice under this section specifies in accordance with subsection (3)(a) above, any of Grounds 1, 2, 5 to 7, 9 and 16 in Schedule 2 to this Act (whether without other grounds or with any ground other than Ground 14), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than:
        (a) two months from the date of service of the notice; and
        (b) if the tenancy is a periodic tenancy, the earliest date on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section.

        (4B) In any other case, the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the expiry of the period of two weeks from the date of the service of the notice.
        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


          #5
          so what should I issue on what grounds and notice peroid?

          Comment


            #6
            Originally posted by wrusst View Post
            so what should I issue on what grounds and notice peroid?
            Just as advised, under:
            s.21(1)(b) if the fixed term is still running. No Possession Order can operate earlier than term expiry.
            s.21(4)(a) if the fixed term has already expired. Read-up re how the Notice period works.
            s.8 [g12]. The Notice period is two weeks.
            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
              Thanks very very much jusxt sent the 21 i'll issue the 8 later is the clause 11 strong enough buy itself to get her out?

              Comment


                #8
                Originally posted by wrusst View Post
                Thanks very very much jusxt sent the 21
                How? Will you be able to prove you "served" the S21 notice (eg 2x proof-of-postage from 2 diferent post offices?? )
                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


                  #9
                  Originally posted by wrusst View Post
                  12 oct
                  £92 a week
                  yes and placed into bond in oct
                  also sent a letter out saying she was in arrears over a month ago
                  Okay. I assume that it's 2010, as most agreements state a year.
                  Also, you originally said November.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                    #10
                    Originally posted by theartfullodger View Post
                    How? Will you be able to prove you "served" the S21 notice (eg 2x proof-of-postage from 2 diferent post offices?? )
                    I sent one by email and one by post office and got certificate of postage

                    yes it was oct 2010 I got confused with another rental

                    Comment


                      #11
                      just need a bit of clarity I was reading another thread and it mentioned you can not use a s21 until after 6 months will this effect me?

                      Comment


                        #12
                        You've misunderstood s.21.
                        Once an AST has been granted, L can at any time serve T with a s.21 Notice.
                        This cannot lead to a Possession Order operative during the AST's fixed term.
                        Everyone agrees that; the argument is only about the point at which L can:
                        a. begin proceedings; and
                        b. have a Court hearing.
                        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


                          #13
                          Cut & Pasted from another site:

                          Options Available

                          Section 8 of the 1988 Housing Act is the process usually used for breaches of the tenancy - in particular, unpaid rent. You can also use the 'no fault' section 21 process, Section 21 does have the advantage that it does not always require a court hearing but can not be used to obtain an eviction within the fixed term and will not result in an order for missing rent.

                          Grounds for Eviction

                          Section 8 has a number of 'at fault' grounds that can be cited as reasons to end the tenancy.

                          Grounds 1 - 8 are mandatory - if the ground is met at the time the section 8 notice is served AND when the case is heard in court, then the judge can not refuse possession - although he may give the tenant extra time to comply with the requirements.

                          The only ground in this section that is directly related to tenants breach of contract is ground 8. Ground 8 is used where tenants have not paid their rent for some time. The actual amounts are
                          (a) if rent is payable weekly or fortnightly, at least eight weeks’ rent is unpaid;
                          (b) if rent is payable monthly, at least two months’ rent is unpaid;
                          (c) if rent is payable quarterly, at least one quarter’s rent is more than three months in arrears; and
                          (d) if rent is payable yearly, at least three months’ rent is more than three months in arrears;
                          Note the difference between 'unpaid' and 'arrears'. One day after a tenant misses a monthly rent payment, he has one month unpaid - but is only 1 day in arrears.

                          The remaining 'breach of contract' grounds are discretionary - ie the judge will have to make a decision if the breach is severe enough to warrant evicting the tenant.

                          These grounds are:

                          Ground 10 - some rent is unpaid
                          Ground 11 - rent has been persistently late
                          Ground 12 - non-rent breach of tenancy
                          Ground 13 - Damage or deteriation of the property
                          Ground 14 - Nuisance or illegal activity (No notice)
                          Ground 15 - Damage or deteriation of furniture
                          Ground 17 - Tenancy obtained under false pretences

                          For all of the grounds mentioned above (except g14), there is a 14 day notice period between serving the notice and being able to commence possession proceedings.

                          How to Proceed

                          The section 8 notice must be served in a specific format and you must obtain proof of service. You can take a witness and obtain a statement from them, but the most straightforward way is to send 2 copies by first class post from different post offices - obtaining a free certificate of posting. The courts will accept this as proof of service 2 working days later. Do not use 'Special Delivery' or 'Recorded Delivery' as the tenant can refuse to accept these.

                          After the notice period expires, you can apply to the court for a possession order. You can either fill in court forms N5 and N119, or alternatively, you can use the Possession Claim Online website which is slightly cheaper.

                          It will take around a month - maybe longer - before the hearing takes place and if the judge grants a possession order, the tenant will be given at least 14 days to go. If the tenant still refuses to go, you will have to employ court bailiffs, which is more expense and time.

                          If your claim relates to unpaid rent then the judge can also issue an order that the tenant pays any rent owed. If the tenant ignores this order, you may have to take enforcement action which could include freezing his bank account, using bailiffs or obtaining an attachment of earnings order.

                          DO NOT be tempted to use any process other than shown above. To do so will almost certainly be illegal eviction, which is a criminal offence and carries potentially heavy penalties.

                          Comment


                            #14
                            Er, so what?
                            AND it omits g14A [RSLs only] and g16.
                            AND the spelling 'deteriation' is incorrect.

                            Stick to LZ! You Know That It Makes Sense!
                            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


                              #15
                              So after the 2 month notice has gone what is the next step if im unable to use a section 8 do i wait till october 2011?
                              (I can but i want the 8 weeks non payment because it seems like a gamble).

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X