Periodic tenancy and repossession through non payment of rent

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    Periodic tenancy and repossession through non payment of rent

    Can I use section 8 and section 21 (4)(a) for possession of residential property that started with an assured shorthold tenancy and is now a Periodic tenancy where rent is payable monthly - as tenant is owing at least two months rent? If not which is the best route to take and how do I action this?

    #2
    Yes you can. The periodic tenancy is still an assured shorthold tenancy.

    Your best course of action would be to serve both a section 8 (grounds 8, 10, 11) and a section 21(4)(a) as back up in case the tenant decides to pay just enough to render ground 8 ineffective.

    Comment


      #3
      Originally posted by rosierutter View Post
      Can I use section 8 and section 21 (4)(a) for possession of residential property that started with an assured shorthold tenancy and is now a Periodic tenancy where rent is payable monthly - as tenant is owing at least two months rent? If not which is the best route to take and how do I action this?
      You can only use s.8 and s.21 procedure to apply for possession in respect of an assured shorthold tenancy (either a fixed term AST or a periodic AST).

      Comment


        #4
        Yes you can - have you already issued your section 21 notice?

        I am working on a couple of webpages to explain the process - these may help:

        Section 8 http://tenancyanswers.ucoz.com/index..._contract/0-36
        Section 21 http://tenancyanswers.ucoz.com/index..._contract/0-37

        You should try for section 8 first (as jjlandlord says) because the notice is less, it costs less (if you do it online) and you can ask the judge for an order for the missing rent without an extra couurt claim.

        Comment


          #5
          Presumably just enough rent means to be less than 2 months in arrears. Then the judge can also award court and legal cost, and if the judge does not evict on the discretionary grounds T gets to stay. 2 months later, T becomes in arrears again, not paying rent and not paying court and legal cost and we can be starting another new S8. Does anybody knwo if such a scenario has happened?

          Comment


            #6
            Originally posted by westminster View Post
            You can only use s.8 and s.21 procedure to apply for possession in respect of an assured shorthold tenancy (either a fixed term AST or a periodic AST).
            That's true, but- just to clarify- the 'only' is a tad misleading here.
            Of course, s.8 applies also to SATs.
            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).

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              #7
              I wouldn't bother with the section 8 as tenants always pay up just before hand to reduce the arrears to below 2 months. Just go for s21 and separate money order.

              Comment


                #8
                Not 'arrears', of course. For rent due weekly/fortnightly/monthly, it's rent unpaid that matters.
                And 'arrears' are not the same as 'unpaid'.
                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


                  #9
                  Thanks for your advice. When serving the notices with a witness the neighbour informed us that the tenant had left and was returning the keys - yesterday the keys were given to us with a note saying he had left. The Tennat has left a lot of rubbish behind in the garden - engine parts etc. Did not give notice or pay up rent and I have no forwarding address - although we believe he is still in the area. But at least we have the house back albeit in need of attention! I have notified the Deposit Protection Service for repayment of the deposit and making enquiries as to his whereabouts as we will need to get a skip in to remove all the rubbish he has left behind. Have taken photos just in case there is a chance of getting recompensed through the small claims courts at a later date.

                  Comment


                    #10
                    Glad to hear you have your property back.

                    Is your (now ex) tenant working, or on benefits? If the latter, your chances of obtaining any recompense (bar the deposit) are very low. However, if you do want to pursue it, a no-find-no-fee tracing agent will cost around £40 to find them - but you'll need to give it a few months before he will be findable.

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