Claim for owed rent through Deposit

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    Claim for owed rent through Deposit

    I am now in one month's arrears from my Polish Tenants and wish to serve a 'Section 8 Notice' on the 4th Feb (rent due 3rd each month and tenants not paid January. I have sent a letter each week notifying them of their arrears and given both my telephone number, address and account details in each one.
    It is believed that the female tenant (on the original Tenancy agreement) has moved back to Poland leaving just the male (also on the Tenancy agreement). This agreement moved on to a periodic Tenancy when the AST ended 03 August 2011 despite me offering a agreement contract for 1 year, which they didn't sign and return.
    If I personally deliver two copies of the Notice (one addressed to each) stating Notice given under Section 8 and 11, is it sufficient to have a witness whilst I post it through the letter box? Also, can I give them a Section 21 at the same time to speed up the process if Section 8 fails?
    I have downloaded a few versions of the Section 8 Notice but all differ slightly - is there a definitive one and or Section 21?

    Any assistance is greatly appreciated!

    #2
    The notice must state the names of both/all joint tenants on a single notice, because both/all joint tenants together comprise 'the Tenant'.

    The grounds used on the s.8 notice should be grounds 8, 10 and 11 (assuming T does not pay rent due on 3rd Feb).

    Yes, you can serve a s.21 as well (but please answer the Qs below, to ensure you serve a valid one).

    Yes, you can serve in person through the rental property's letterbox, and a witness is sufficient evidence of service.

    There is no 'definitive' format for either a s.21 or s.8 notice.

    Please tell us:

    1) Date that the last fixed term contract commenced [dd/mm/yy]
    2) Length of the term, and whether an 'end' date is specified
    3) Rent payable monthly?
    4) Did T pay a deposit, and if so is it protected and did you give T the prescribed information?

    Comment


      #3
      Originally posted by westminster View Post
      There is no 'definitive' format for either a s.21 or s.8 notice.
      There is a definitive content for a s.8 notice, though, since it must be in the prescribed form.

      Comment


        #4
        Huge thanks!
        Original AST between originating Agent started 3rd Aug 2010 up to and including 2nd Aug 2011.
        Bought Flat from original owners and Agent sent Tenant Sectio 48 Notice with my name.
        AST lapsed into Periodic despite me writing and offering them a new one (Agency let go).
        Rent payable monthly in advance
        Not been paid January 3rd
        Deposit held by Agents still with notice sent to tenants at time of original AST

        I hope this gives enough info

        Thanks again

        Comment


          #5
          Thanks, but where would I find the definitive content please

          Comment


            #6
            Originally posted by SPM View Post
            Original AST between originating Agent started 3rd Aug 2010 up to and including 2nd Aug 2011.
            Bought Flat from original owners and Agent sent Tenant Section 48 Notice with my name.
            A s.48 notice with your name and an address, in England/Wales, for serving notices?

            Did you also serve notice under s.3 Landlord & Tenant Act 1985 notifying T that you are the new LL?
            http://www.legislation.gov.uk/ukpga/1985/70/section/3 If not, you need to do this before you can serve any notice on the T.

            Assuming both s.3/s.48 complied with, the s.21(4)(a) notice should be expressed to expire "after 2nd [month][year]". A s.21 served during a periodic tenancy must give T at least two months but must also expire at the end of a tenancy period, and in your case the periods run 3rd - 2nd of the month.

            Template here: http://www.letlink.co.uk/letting-lib...and-forms.html

            Comment


              #7
              Thanks again - hopefully all in order, so here goes....

              Comment


                #8
                Originally posted by SPM View Post
                Thanks, but where would I find the definitive content please
                The prescribed notice for a section 8 possession claim is form 3 here: http://www.legislation.gov.uk/uksi/1997/194/made

                Comment


                  #9
                  Having got the correct text for Section 3 of form 3:
                  Ground 8
                  Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing—
                  (a)if rent is payable weekly or fortnightly, at least [F9eight weeks’] rent is unpaid;
                  (b)if rent is payable monthly, at least [F10two months’] rent is unpaid;
                  (c)if rent is payable quarterly, at least one quarter’s rent is more than three months in arrears; and
                  (d)if rent is payable yearly, at least three months’ rent is more than three months in arrears;
                  and for the purpose of this ground “rent” means rent lawfully due from the tenant.
                  Ground 10
                  Some rent lawfully due from the tenant—
                  (a)is unpaid on the date on which the proceedings for possession are begun; and
                  (b)except where subsection (1)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings.
                  Ground 11
                  Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.

                  What do I put in Section 4 of the form under 'Give a full explanation of why each ground is being relied on'?

                  Is it not the same as above?

                  Thanks

                  Comment


                    #10
                    Sect 8 Notice - Form 3 wording

                    Having got the correct text for Section 3 of form 3:
                    Ground 8
                    Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing—
                    (a)if rent is payable weekly or fortnightly, at least [F9eight weeks’] rent is unpaid;
                    (b)if rent is payable monthly, at least [F10two months’] rent is unpaid;
                    (c)if rent is payable quarterly, at least one quarter’s rent is more than three months in arrears; and
                    (d)if rent is payable yearly, at least three months’ rent is more than three months in arrears;
                    and for the purpose of this ground “rent” means rent lawfully due from the tenant.
                    Ground 10
                    Some rent lawfully due from the tenant—
                    (a)is unpaid on the date on which the proceedings for possession are begun; and
                    (b)except where subsection (1)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings.
                    Ground 11
                    Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.

                    What do I put in Section 4 of the form under 'Give a full explanation of why each ground is being relied on'?

                    Is it not the same as above?

                    Thanks

                    Comment


                      #11
                      Is it sufficient to just enter:

                      a. rent is £xx per calendar month (equal to £yy per day);
                      b. as at today, T owes £zz; and
                      c. T therefore owes more than two months' rent?

                      Any advice gratefully received

                      Thanks

                      Comment


                        #12
                        The link below is an example of a filled out Section 8. Hope that helps.

                        http://www.youngandpearce.co.uk/Land...%28rent%29.pdf

                        Comment


                          #13
                          Huge thanks - extremely helpful - not only for me but for all those unfortunate to have to resort to these processes.

                          Comment


                            #14
                            Claim for owed rent through Deposit

                            I have now found out that my wonderful tenants have abandoned the flat and moved back to Poland 2 days before I serve a Section 8 Notice for 2 months unpaid rent. I have looked through the window and the flat is completely empty. I believe I still have to go through the motions of the Notice and relevant forms to courts etc (if any one can detail the finer points of the process that would be great i.e. do I complete PCOL on line? etc), but my main point is how do I get the unpaid rent from the Protected Deposit?
                            They have not left any forwarding address, but I am fortunate to hold a key to the door (but won't change the locks just yet)!

                            As always, any advice is hugely appreciated.

                            Comment


                              #15
                              Continue with s8 action, serve at last know address (your rental). Go to Court,Ts will be no shows, repo order granted. Check property for damage etc. You should be able to claim full deposit via single claim route after reqd time.

                              Comment

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