extra debt recovery notice

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    extra debt recovery notice

    Im am a landlady who is just about to issue a section 21(4)a notice of possession, Is there any other form I can issue at the same time requesting payment for the £3000 rent arrears? can this be asked for quicker than 2 months.

    #2
    You can apply for a court hearing after just 14 days if using S8 grounds 8,10 and 11.

    You can demand the rent as often as you like.

    Note that you would be able to issue S8 g's 8 10 11 as soon as 2 rent due days have been missed. effectively that is a month and one day, because the rent is due in advance.

    Have you also issued a S21 as a backup? Is any deposit protected and prescribed information sent to the tenant.

    Can you tell us the start dates and monthly rent of your AST?
    I offer no guarantee that anything I say is correct. wysiwyg

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      #3
      Thanks for advice, the tenancy began on 19th March 2010 as a 6 month AST, it is now a monthly periodic tenancy which means I can't use S8. The rent is £75 per week, but the tenant has always paid monthly. Rent is received whenever he has money which is not often at all. I have had many conversations with him offering different methods to help him repay his back rent but he doesn't stick to any arrangements we've made.

      Comment


        #4
        Originally posted by sda381 View Post
        Thanks for advice, the tenancy began on 19th March 2010 as a 6 month AST, it is now a monthly periodic tenancy which means I can't use S8. The rent is £75 per week, but the tenant has always paid monthly. Rent is received whenever he has money which is not often at all. I have had many conversations with him offering different methods to help him repay his back rent but he doesn't stick to any arrangements we've made.
        News to me that you cannot issue an S8 during a periodic tenancy!
        [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

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          #5
          S21 is not a notice of possession, merely a notice that Landlord MAY take court action after notice expires.. I seem to remember some guidance somewhere/sometime that S21 notices should be left as-is for fear of changes or additions invalidating them. Anyone else any views on that point??

          In your shoes I'd serve (& be able to prove I served..) valid (ah, yes...) S21 & S8, followed a day or so later with a separate rent statement requesting payment..

          Agree with JohnnyB, S21 entirely usable during periodic...

          Deposit taken?? If so protected & "prescribed info" served on T?? (if not S21 invalid..)

          Cheers!
          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...

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            #6
            Now I'm confused, this quote is from your section 8 document and tells me I cant use it???? "Do not use this form if possession is sought on the "shorthold" ground under section 21 of the Housing Act 1988 from an assured shorthold tenant where the fixed term has come to an end or, for assured shorthold tenancies with no fixed term which started on or after 28th February 1997, after six months has elapsed".
            There is no prescribed form for these cases, but you must give notice in writing.

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              #7
              Originally posted by sda381 View Post
              Now I'm confused, this quote is from your section 8 document and tells me I cant use it???? "Do not use this form if possession is sought on the "shorthold" ground under section 21 of the Housing Act 1988 from an assured shorthold tenant where the fixed term has come to an end or, for assured shorthold tenancies with no fixed term which started on or after 28th February 1997, after six months has elapsed".
              There is no prescribed form for these cases, but you must give notice in writing.
              I think you're misunderstanding what it is actually saying.
              [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

              Comment


                #8
                Originally posted by sda381 View Post
                "Do not use this form if possession is sought on the "shorthold" ground under section 21 of the Housing Act 1988 from an assured shorthold tenant where the fixed term has come to an end or, for assured shorthold tenancies with no fixed term which started on or after 28th February 1997, after six months has elapsed".
                This is a lot of blah blah to basically say that you should not use a s.8 notice if you wish to seek possession through s.21 of HA1988, i.e. a s.21 notice.

                Comment


                  #9
                  Originally posted by sda381 View Post
                  Now I'm confused, this quote is from your section 8 document and tells me I cant use it???? "Do not use this form if possession is sought on the "shorthold" ground under section 21 of the Housing Act 1988 from an assured shorthold tenant where the fixed term has come to an end or, for assured shorthold tenancies with no fixed term which started on or after 28th February 1997, after six months has elapsed".
                  There is no prescribed form for these cases, but you must give notice in writing.
                  It looks as if it needs to be re-written then.

                  If the tenancy is in the fixed term you use a S21(1)(b).

                  If the tenancy is a statutory periodic tenancy you use a S21(4)(a)

                  A S8 can be issued at any time if any of the grounds apply.

                  You can have a S21 and a S8 issued to the same tenant at the same time. You use whichever one is convenient to you.

                  A S21 cannot be used before the first six months of any tenancy has elapsed, even if that tenancy was for a shorter period than six months.

                  I hope that's clearer to you, if you give us the specifics in your case we will tell which grounds and how to fill it in if you are unsure.
                  I offer no guarantee that anything I say is correct. wysiwyg

                  Comment


                    #10
                    Thank you again, you have a way of making sence to me. Specifics: AST from 19th March 2010, became periodic from October 2010. Rent was originally £55per week until 8th October 2010 when the tenant wanted to much larger room when it became vacant and agreed to the higher rent of £75 per week. He usually paid by cash and sometimes by cheque. He can go up to 13 weeks with any payment. Total rent for tenancy is £4990.00, actual payments received £1,940.00 leaving arrears of £3050.00 to up to and including this friday 19th. No deposit taken as he WAS a friend of one of my sons. I know what your thinking, dont worry so am I.

                    Comment


                      #11
                      Just one more question.

                      Is this tenant occupying one of the rooms in your own house?
                      I offer no guarantee that anything I say is correct. wysiwyg

                      Comment


                        #12
                        It appears a new tenancy was created in October 2010 when the tenant moved rooms. I agree with the other posters that section 8 is your way forward but if you issue a s21(4)(a) as a back-up you need to make sure the dates are correct for the 'bigger room' tenancy.

                        This may help with s8: http://tenancyanswers.ucoz.com/index..._contract/0-36

                        Section 8 can come complete with a CCJ ordering the tenant to pay the unpaid rent.

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