Failure to pay rent, with no intention to do so

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    Failure to pay rent, with no intention to do so

    Hi all,
    My tenant moved in one of my properties on 31st Jan 2011. They paid 8 weeks rent in advance which took them upto 27.03.11. They have now informed me they can no longer pay any rent.

    I understand I cannot issue a section 8 until they reach 8 weeks arrears, but from dealing with my tenant, they have no intention to pay any rent whatsoever.

    As they are only 11 weeks into their AST, I am struggling to find a way to get them to vacate. Any help in this matter would be appreciated.

    Thanks
    Maria

    #2
    How often is rent payable? e.g. weekly, every four week?

    Comment


      #3
      What was the initial fixed term?? (presumably 31/1/2011 - ??/??/201?). Was the deposit protected & prescribed info provided to tenant? Is there a break clause?? Is he in breach of any other clauses? Can you afford to fight him for, say, 6 months whilst paying mortgage & legal fees??

      Option of bribing him to go may be the quickest, but may not work....
      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


        #4
        Rent is payable 4 weeks in advance and the AST is for 6 months.

        Deposit is protected and info provided to tenant. They're also in breach of the tenancy by overcrowding the property. Its a 3 bed house and as I understand there is 2 adults and 6 children living there.

        Comment


          #5
          Originally posted by central services View Post
          Rent is payable 4 weeks in advance and the AST is for 6 months.
          That's what I was fearing. It means that you cannot rely on compulsory ground 8 when serving a section 8 notice for rent arrears: It will be up to the court to decide.

          Comment


            #6
            Originally posted by jjlandlord View Post
            That's what I was fearing. It means that you cannot rely on compulsory ground 8 when serving a section 8 notice for rent arrears: It will be up to the court to decide.
            I agree.
            Ground 8 relates only to where rent is payable weekly, fortnightly, [calendar] monthly, quarterly, or yearly.
            See another post of mine today: post #3 on http://www.landlordzone.co.uk/forums...554#post298554
            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
              I would issue a S8 now using ground 10.

              You can always issue another once 8 weeks rent is owed.

              A S8 is quite an intimidating document to some people and it lets them know you mean business.

              It may change their plan somewhat. You have nothing to lose.

              Comment


                #8
                Originally posted by central services View Post
                Rent is payable 4 weeks in advance and the AST is for 6 months.

                Deposit is protected and info provided to tenant. They're also in breach of the tenancy by overcrowding the property. Its a 3 bed house and as I understand there is 2 adults and 6 children living there.
                I grew up with my parents and five younger siblings in a three-bedroom house. The arrangement of beds and cupboards and desks in the bedroom I shared with two brothers vaguely resembled an MC Escher painting covered in dust, but it worked out alright!

                Comment


                  #9
                  Originally posted by jghomer View Post
                  You can always issue another once 8 weeks rent is owed.
                  No, s8g8 can not be used for 4-weekly tenancies - see the posts above.

                  OP - is there anything in your tenancy agreement that specifies the number of people who may live in the property? The legal definition of overcrowding can be quite generous - and if there are 2 reception rooms then one of those could be classified as a bedroom for that purpose.

                  Do you know if T may be entitled to housing benefit?

                  Do you have a guarantor? What was their credit history like when the tenancy began? Did they tell any provable lies to get the tenancy?

                  Comment


                    #10
                    Originally posted by jghomer View Post
                    I would issue a S8 now using ground 10.

                    You can always issue another once 8 weeks rent is owed.
                    Originally posted by Snorkerz View Post
                    No, s8g8 can not be used for 4-weekly tenancies - see the posts above.
                    But jghomer's advice is correct; g10 and g11 can be used nevertheless- it's only g8 that cannot.
                    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

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