Regulated Tenant - NTQ - How much arrears

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    Regulated Tenant - NTQ - How much arrears

    I have threatened (Probably a bad word to use) one of our Regulated Tenants in writing that I will serve a NTQ on him if he doesnt clear his arrears in 14 days. His account has been in and out of arrears many times over several years and currently stand at around 9 weeks. I am of the understanding that the 8 weeks / 2 month rule required for AST, Sec 8 grounds do not apply to Regs but he has been given advice to pay a small amount in to take his arrears to just below the 8 week mark. I know I will be lucky to get a court to give me possession but regardless of my prospects here can anyone please confirm if arrears mean any amount when dealing with Regs.

    Many thanks

    #2
    Do you mean 'REGULATED' in its technical sense? Under which Act is the Letting Agreement operating?
    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.
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      #3
      You will be very lucky to get a possession order against a regulated (by which I mean Rent Act 1977) tenant who pays a fair rent which is registered by the rent officer every 2 years.
      Having had these in the past, as you appreciate, different regulations apply - theres no mandatory grounds in respect of rent arrears for possession and its down to the judgment of the court judge on the day. The courts are not guided either by the 8 weeks/2 months criteria which apply to an AST.
      And of course, you have to serve an old style Notice to Quit and wait a month before taking action.
      Personally, I would use any endeavours I could before issuing NTQ and/or taking it to court. Presumably your tenant knows how difficult it is to shift RA tenants as theres no cast iron guarantee of a possession order even when unpaid rent/arrears runs into thousands of ££ so long as the tenant can show he/she can pay the arrears off, the likely result of court action is a suspended PO.

      Sabre rattle, keep close eye on it - if arrears shift upwards then act. You might as well give them the NTQ now as you can then take instant court action if arrears do rise.

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        #4
        Originally posted by davidjohnbutton View Post
        You will be very lucky to get a possession order against a regulated (by which I mean Rent Act 1977) tenant who pays a fair rent which is registered by the rent officer every 2 years.
        Having had these in the past, as you appreciate, different regulations apply - theres no mandatory grounds in respect of rent arrears for possession and its down to the judgment of the court judge on the day. The courts are not guided either by the 8 weeks/2 months criteria which apply to an AST.
        And of course, you have to serve an old style Notice to Quit and wait a month before taking action.
        Personally, I would use any endeavours I could before issuing NTQ and/or taking it to court. Presumably your tenant knows how difficult it is to shift RA tenants as theres no cast iron guarantee of a possession order even when unpaid rent/arrears runs into thousands of ££ so long as the tenant can show he/she can pay the arrears off, the likely result of court action is a suspended PO.

        Sabre rattle, keep close eye on it - if arrears shift upwards then act. You might as well give them the NTQ now as you can then take instant court action if arrears do rise.


        It's correct if a regulated tenant is in Rent arrears,it is Not mandatory grounds for possession and a valid 28 days notice to quit must be served on the RT,then it's up to the LL to prove the case in court.

        A RT shouldn't use "Non mandatory grounds" as a excuse to get into rent arrears and always pay rent like other tenancy's.

        A court case for a RT in rent areas,will be more likely very expense and cost a lot more than the rent arrears ?

        Regulated tenancy where there is a fair rent is registered is not renewed every 2 years by the rent officer.

        LL/RT can make another application after 1 year,9 months after the last date of registration,the increase or decrease in rent made by Rent Service/VOA will only come into affect 2 years after the last date of registration.

        My rent as a RT has stayed the same now since the last date of registration 10 years ago.
        Last edited by 45002; 25-01-2011, 15:25 PM. Reason: RT,short for Regulated Tenant...........
        Fed up with nitpickers and rivet counters...

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          #5
          Is RT receiving housing benefit (LHA)? or entitled to claim?
          If so, you may be able to get HB paid direct to LL if more than 8 weeks arrears or reg in arrears or 'vulnerable' tenant. LA always pay HB 2 weeks in arrears but it is regular.
          What age is T?

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