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

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    #31
    Westminster - can I say what a nice pussy you have. And just so nobody thinks I'm being smutty I have four!
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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      #32
      Sadly, not mine, but I agree he's very nice.

      Comment


        #33
        Originally posted by westminster View Post
        Still confused. Can you quote the wording of the contract regarding rent payable etc, and give dates of payments received and whether they represent one or two months.
        Originally posted by westminster View Post
        Still confused. Can you quote the wording of the contract regarding rent payable etc, and give dates of payments received and whether they represent one or two months.

        Hi Westminster,

        From the contract "The rent shall be XXXX per calendar month"
        "The rent for each calendar month shall become due on the 15th day of the prior calendar month however payments may be made more frequently"

        The last payment made was on the 6th May 2011, this was a 1/4 of the monthly rent i.e. pro-rated monthly amount to a weekly basis.

        If a payment had been made on 13th May 2011, this would have covered the remaining amount owed for June 2011 and part of the rent for July 2011 (as some overpayments had been made by the T). This would be because i.e. by the 15th of May the May and June rent should be paid or per the contract "the rent for each calendar month shall become due on the 15th of the PRIOR month"

        Please note the contract is for a high value rent and commenced on 15th September, therefore it was based on a common law tenancy or per the contract "the tenancy agreement is not governed by the housing act 1988 as amended by the housing act 1996" I appreciate they are now deeemed to be AST's from 1/10/10, therefore the deposit was placed with the DPS on 28th Sept 2010. However, we understood from speaking to a solicitor at the time there was no need to reissue the contract in an AST form as they would be deemed to be an AST from that date.

        Of course I would be happy to hear your views on the advice from the solicitor as at the time of the change no one seemed 100% sure of how to really proceed!

        Hope that helps...


        Thanks

        Comment


          #34
          Is this you posting under a different username?

          Originally posted by jadee View Post
          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"....
          http://www.landlordzone.co.uk/forums...507#post311507



          There's also your other thread on the change from common law to AST:
          http://www.landlordzone.co.uk/forums...to-law-changes

          It would be better to continue posting in your other thread[s] if you have further questions.

          Comment


            #35
            Originally posted by westminster View Post
            Is this you posting under a different username?
            http://www.landlordzone.co.uk/forums...507#post311507
            I suspect so - they are both in Cyprus. And being non-resident landlords could open up some further problems (s47 for example).

            Comment


              #36
              Hi both

              no not posting under a different name but I posed the problem to some friends who offered to try and search for answers to my problem. I had mentioned I was posting in here and was hoping they wouldnt have posted on here as well!

              You'll probably be able to see the other poster is new? I'll get them to stop immediately. Appreciate any clarifications on S47 although I will search myself..


              Thanks

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                #37
                Hi I mentioned the problem to some friends and told them of this website, I didnt expect them to post on here as well, I'll tell them to stop immediately.

                As for S47 I have used a UK address for a relative as a contact address or notice serving address to comply to this requirement.

                PS Sorry if this reply has been posted twice, I tried posting a moment ago and it didnt accept.

                Thanks
                smithie

                Comment


                  #38
                  Originally posted by smithie View Post
                  As for S47 I have used a UK address for a relative as a contact address or notice serving address to comply to this requirement.
                  Is that an address in England/Wales? Because Scotland & NI (both parts of UK) would not be sufficient.

                  Also - none of my business really and you don't have to reply - but are you aware of HMRCs requirements for non-resident landlords?

                  Comment


                    #39
                    Snorkerz - appreciate your help so no worries - yes address is in England and yes I've told the HMRC and done all the NRL forms to cover this...

                    Need to come back to the UK and now I'm homeless, may speak to council about re-housing the family as they effectively wont give mine back to me!!

                    Comment


                      #40
                      Two threads relating to the same property have been merged, a consequence of this is that posts up to post #37 may appear disjointed or out of sequence.
                      I also post as Mars_Mug when not moderating

                      Comment


                        #41
                        Originally posted by smithie View Post
                        Hi Westminster,

                        From the contract "The rent shall be XXXX per calendar month"
                        "The rent for each calendar month shall become due on the 15th day of the prior calendar month however payments may be made more frequently"

                        The last payment made was on the 6th May 2011, this was a 1/4 of the monthly rent i.e. pro-rated monthly amount to a weekly basis.
                        It wouldn't be exactly a quarter, as there are usually more than 28 days in a month. But anyway...

                        If a payment had been made on 13th May 2011, this would have covered the remaining amount owed for June 2011 and part of the rent for July 2011 (as some overpayments had been made by the T). This would be because i.e. by the 15th of May the May and June rent should be paid or per the contract "the rent for each calendar month shall become due on the 15th of the PRIOR month"
                        As I said before (post #30), I don't understand the rationale for making rent due two months in advance.

                        Perhaps I'm being overly pessimistic, but I think you might struggle with a s.8 as I'm not sure the court would accept that it's okay to make rent payable so far in advance - particularly if the contract does not clearly specify that the payment due on 15th July (which would be for the period 15th August - 14th September, the last rental period of the fixed term) is the last payment; because, obviously, you can't charge rent for a periodic tenancy which hasn't yet arisen. (I'm assuming this is a 12 month term).

                        Ground 8 specifies that there must be at least two months' rent owing and unpaid. So, if, hypothetically, the rent is £500 pcm, then you can use ground 8 on the day after rent falls due (i.e. it'll be on the 16th of a month) and the total amount of rent T owes you is at least £1,000.

                        You also need to serve a s.21(1)(b) notice expiring on or after 15th September as back up/Plan B. I note your friend Jadee says that a recent s.21 application failed because of a badly worded break clause. I would recommend that next time you grant a tenancy contract that you pay a solicitor specialist in landlord and tenant law to draft it, or obtain one from a reliable source such as a legal stationer, as I suspect you may have DIY'ed the current contract (?)

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