Monthly rental, T pays weekly - When can a S8 be issued?

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    Monthly rental, T pays weekly - When can a S8 be issued?

    Could someone confirm if my understanding is correct below:

    Tenancy agreement states rent to be paid 2 months in advance.
    The T preferred to pay on a weekly basis.
    Can you simply pro-rata the the monthly rental amounts due into weekly amounts and after this breaches the equivalent of 8 weeks rent you can issue a valid S8?

    Also if the T is 7 weeks late but pays a small amount to make sure they are never completely 8 weeks late, when can a S8 be issued?

    Thanks
    S

    #2
    Accelerated Possession order not granted - next options?

    Hi people,

    I got as far as issuing the S21 notice and this expired, the tenants didnt go - waiting for council to rehouse them!

    I then completed the Accelerated Possession Order and although this was not defended this was not granted. I don't have the exact wording with me but as the tenancy was for a fixed term, the break clause was not worded well and only gave me/landlord the option to terminate the contract.

    My tenants WANTS to leave but cant until the council rehouse them, what can I do next if the order is rejected, the tenant is about 6 weeks late with rent payment but is looking to pay the rent going forward. However we both have a mutual need to end the contract...

    PLEASE help...

    Thanks
    Jadee

    Comment


      #3
      When does the fixed term end?

      Have you considered appealing the decision?

      Comment


        #4
        Thanks Snokerz

        It doesn't end until the end of Sept 2011!
        I wasn't sure about the appeals process, is this lengthy or can I just seek a hearing to explain the situation? The tenant wants to leave and I'm sure the judges must see this situation quite often nowadays?

        Alternatively I was considering letting the tenant get into rent arrears, they are nearly at the 6 weeks mark but DO actually want to pay some rent next week.

        I'm a bit stuck as I don't want to upset the judges incase they take a dim view and decide to put my order to the bottom of the pile?!

        Thanks again
        Jadee

        Comment


          #5
          If your T does continue to pay the rent as promised, then why would you want them to leave before the end of the fixed term?

          If they do not pay the rent as promised, then you can serve a section 8 notice citing ground 8 (and 10 and 11) as soon as the rent owed reaches two full months' worth (assuming rent is reserved monthly according to the tenancy contract). Ground 8 is a mandatory gorund for a possession order and overrides the normal fixed term or s21 notice period.

          Any other option (e.g. advising your T not to pay any more rent, or to be appallingly antisocial, as some LLs have done just to get people out who want re-housing) are in my view unethical and may well backfire on you anyway.
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment


            #6
            I am sorry, I don't know the appeal process (never having done it) BUT the OP in this thread http://www.landlordzone.co.uk/forums...ghlight=appeal is going through a similar situation and sounds as though they have at least an idea about appeals. May be worth a tentative enquiry to see if thay have any info that would be of use to you.

            Comment


              #7
              I need the house back to move into, I rented it while working overseas and need to return to the UK...Thanks for the other pointers though...

              Comment


                #8
                Originally posted by jadee View Post
                they are nearly at the 6 weeks mark but DO actually want to pay some rent next week.
                Jadee
                If the tenants have missed a whole month and then also miss paying on the next 'rent' day, then that is equivalent to 2 months owing. Because the rent is due in advance. Do not use the term 'arrears'.

                If that is the case then you can issue the S8 grounds 8,10,11 today and apply for a new hearing 14 days later. The tenants would also need to owe 2 months at the time of the hearing for S8 g.8 to succeed.
                I offer no guarantee that anything I say is correct. wysiwyg

                Comment


                  #9
                  Cheers JTA

                  The rent is due on the 8th of each month (BUT TWO months in advance), however this has been paid weekly (apportioned in line with monthly rent). i.e. by the 8th of May ehe rent for May and June should have been paid

                  The last payment received from the T was the 25th of April so this covered most of June's rent, short by a week or so.

                  Although the rent payments for May 8th and now June 8th have been missed, as they have already paid up most of June rent, are they deemed to be 8 weeks or 2 months in arrears for Section 8 to apply.

                  I would love to go ahead and issue a S8 today if possible...!!

                  Comment


                    #10
                    TWO months in advance? So rent paid on 8th May cover 8th June to 7th July? Does your tenancy agreement say what happens to the rent T would pay on 8th October if they moved out 7th November? (not, what would they do, but does it actually say what they should do?)

                    This may be a deposit, and presumably an unprotected deposit which would doom your s21 to failure. In which case, don't appeal, protect the deposit and then re-issue a valid s21.

                    http://nearlylegal.co.uk/blog/2009/0...eposit-honest/

                    Comment


                      #11
                      Sorry Snorkerz

                      The wording states " the rent for each calendar month shall become due on the 8th day of the prior calendar month however payments may be made more frequently".

                      We do provide a statement to the T of payments so everything is clear.

                      The deposit is seperate and is in the contract this is 6 weeks rent and has been lodged with the DPS and everything done in accordance with their requirements.

                      Would this mean a S8 could be applied for now? I understand that a S8 would require a court hearing though which would delay matters more than the soon to expire S21, the S21 expires on the 7th July. So it would be best to wait for this rather than issue a 14 day S8 today that expires on 24th June. I'm looking to reduce the wasted time as much as possible but dont like the idea of judge hearing as this could be more problematic...?

                      Thanks for the help
                      J

                      Comment


                        #12
                        I think you might be sitting on a 'sticky wicket'. You wont get possession under S21 route as you are still within the fixed term.

                        However I also think you would struggle with a judge accepting that your tenant owes 2 months rent. The contract might state that the rent is due 2 months in advance but really they dont owe it at the moment. I will bow to others superior knowledge with this but truly think you will have trouble.

                        Comment


                          #13
                          Poppy35

                          Always happy to learn so I dont mind the discussion, the contract does include a break-clause and allows for the "Landlord to serve notice to terminate the tenancy during the term at anytime"

                          The contract is for a high value rented property which I understand are all deemed to be AST's as from Oct 2010 due to legislation changes and deposit protection rules. Therefore the wording may be not the standard AST type but if its deemed to be an AST now this should make a difference?

                          Thanks
                          J

                          Comment


                            #14
                            Originally posted by jadee View Post
                            The deposit is seperate and is in the contract this is 6 weeks rent and has been lodged with the DPS and everything done in accordance with their requirements.
                            I know you 'think' the deposit is separate, but I would not guarantee (from what you have said so far) that a judge would agree with you - my understanding is that you hold a deposit of around 10½ weeks. As that is over 2 months, there are also the complications of the tenants right to assign - but they are not relevant right now.

                            You may be confident in your situation - fine - but take a little while to read the link and make sure that you are protecting the FULL deposit (be it 6 weeks or 10½).

                            Comment


                              #15
                              I agree with Snorkerz, the 2 months in advance thing makes it complicated.

                              However, since you wrote this

                              My tenants WANTS to leave but cant until the council rehouse them, what can I do next if the order is rejected, the tenant is about 6 weeks late with rent payment but is looking to pay the rent going forward. However we both have a mutual need to end the contract...


                              Could you get your tenant to agree that rent should be paid just the one month in advance from now on? Add the month you have to the deposit.

                              Dunno if it would work.
                              I offer no guarantee that anything I say is correct. wysiwyg

                              Comment

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