Tenant two payments in arrears, considering eviction

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    Tenant two payments in arrears, considering eviction

    Our tenants are currently in arrears by £875. Rent is due on the 1st (£850) of each month, as stated in their AST (currently in month 3 of 12).

    They underpaid on October 1st (by £25) and missed the payment on November 1st (£850). I've sent them two letters and one SMS (he doesn't answer the phone to me), but had no response.

    Does this count as 2 months in arrears? That is, does eviction under section 21 now apply? I'm not sure if the underpayment counts. Also, does 2 months mean "2 monthly payments", or "two months since the first underpayment" (which will be December 1st). I've tried to google to clarify this but have found anything definitive.

    I think sending them a notice about eviction under section 21 may prompt them into paying and prevent them racking up more debt. I don't think it's in anyones interests just to leave it as is.

    Thanks!

    #2
    I think this may have answered my question somewhat...

    http://www.landlordzone.co.uk/forums...=8009#post8009

    > If I pay my rent monthly in advance on the first day of each month - lets for arguments sake say 1st January. I dont pay it, I am now one month in arrears with my rent. I also fail to make payment to you on 1st February - I am now two months in arrears with my rent and you can serve a S8 notice on me, and provided I keep this up (i.e. owing two months rent) by the time of the court hearing, the judge will make a mandatory possession order.

    So, they are two months in arrears. The issue is that they're not a full two months in arrears (the first was a slight underpayment). Despite this, would it still be valid to proceed with an S8 notice?

    Comment


      #3
      I must to 2 full months value owing, so being slightly under doesn't count. Also, tenant only need pay off a small amount each month to keep below the 2 month's owing for that grounds on the S8 to be invalid.

      You can issue a section 21 notice without any grounds or arrears (its known as a no fault notice), but you cannot act upon it until the fixed term ends, and must have fully complied with all deposit protection requirements to make the S21 valid.

      Comment


        #4
        LesleyAnna, thanks for the clarification. Considering everything, I'm going to a SMS (and confirmed in writing) to the girlfriend who is also on the AST...

        "[name] has not responded to repeated messages about rent arrears of £875. Consequentially, an S21 eviction notice will be issued within 48 hours unless the arrears are paid in full." (If they do their research, they'll realise that's not really that bad. It basically says they'll have to move out in 9 months time.)

        OR

        "[name] has not responded to repeated messages about rent arrears of £875. Consequentially, the relevant eviction notice will be issued within 48 hours unless the arrears are paid in full." (Not mentioning the S21 means they can't Google it and realise it's nothing to worry about for 9 months)

        OR

        One of the above, plus "An S8 eviction notice will then be issued, together with proceedings to recover all rent and applicable costs, if the rent continues to fall into arrears" (Strongest wording, but may just leave that as a next step if they don't respond to the one of the above)

        Any guidance of the above would be much welcome! We just had a baby, so together with the loss of income through paternity pay, the loss in rental income really isn't welcome. I'm having to cover 2 mortgages with a reduced income! The joys of being a landlord I guess.

        Comment


          #5
          Neither a S.21 nor a S.8 Notice is an "eviction" notice, they are Notices Seeking Possession (NSP). The courts can grant a Possession Order under either Notice.

          A S.21 is no fault notice and you can serve it now anyway and use it later if you need to, and is nothing to so with unpaid rent. Make sure you get the dates correct. A S.8, Ground 8, Notice gives the tenant 14 days to respond before you can apply to the court, but two months full rent MUST be unpaid in order for it to be valid.
          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.

          Comment


            #6
            Do not tell them in print/SMS/email that S21 is being issued due to rent arrears... just issue the ruddy thing, but also IMHO S8 anyway..

            Minor tweak to lesley-anne's advice S8 G8 does need 2 months owing (not arrears) but you can also use G10&11 (discretionary not mandatory like G8) anyway which may just "prompt" sensible tenant behaviour...
            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


              #7
              Originally posted by theartfullodger View Post
              Minor tweak to lesley-anne's advice S8 G8 does need 2 months owing (not arrears) but you can also use G10&11 (discretionary not mandatory like G8) anyway which may just "prompt" sensible tenant behaviour...
              Ground 10: the tenant was in arrears when the landlord served notice and when court proceedings began.

              Ground 11: the tenant has been persistently behind and inconsistent with rent payments.

              Thanks for the responses. Just to clarify, with the above grounds I can proceed with an S8 now, even though 2 full months aren't owing?

              I'll also proceed with the S21 (@Paul_F, thanks for the correction, very helpful).

              Comment

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