Serving Notice on late rent paying tenant - HELP!!

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  • Serving Notice on late rent paying tenant - HELP!!

    Help

    I have a tenant that consistently pays his rent but he is never two months rent in arrears what notice should i serve him

    whats the best way to get this tenant quickly without loosing a lot of rent?

    all info would be gratefully received

    worried Landlord

  • #2
    Originally posted by peppercorn View Post
    Help

    I have a tenant that consistently pays his rent but he is never two months rent in arrears what notice should i serve him

    whats the best way to get this tenant quickly without loosing a lot of rent?

    all info would be gratefully received

    worried Landlord
    I assume that:
    i. you meant to state, "...he consistently pays his rent late but...";
    ii. the property is in England/Wales; and
    iii. the letting is to individual(s) for residentail purposes, so falls within the Housing Act 1988.

    If so, you can serve a Notice under s.8 of the Act. Cite ground 10 (rent arrears at date of Notice and date of hearing) and ground 11 (persistent late payment, even if rent now clear). Both are discretionary, ie you need to prove them (eg by exhibiting, with Notice, a tabulation showing rent due as against rent actually paid), Court needs to be satisfied with evidence, and Court cosideres it fair to grant you a possession order- ie possession is not mandatory.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


    • #3
      Issue a section 21 which is a "no fault" notice. You need to issue 2 month snotioce but as long as you do everything right and issue the correct notice you will gain possession in around 4 months. With a section 21 the tenant cannot defend the claim so you are more likely to gain possession. You should also sue the tenant for missing rent in the smalls claims court if you take this route.

      You could issue a Section 8 on Grounds 10 and 11 but its hit and miss if you will get possession if you follow this route.
      GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

      Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

      Comment


      • #4
        Sounds like the tenant is aware of the grounds for repossession through S8 which means the court will find in favour of the landlord if there are 2+ months worth of arrears.

        Is he on a periodic tenancy or when does his fixed term tenancy end?

        Give the forum more information about the tenancy type and its end date and perform a search on the site to find out more about S21.

        Comment


        • #5
          Originally posted by justaboutsane View Post
          Issue a section 21 which is a "no fault" notice. You need to issue 2 month snotioce but as long as you do everything right and issue the correct notice you will gain possession in around 4 months. With a section 21 the tenant cannot defend the claim so you are more likely to gain possession. You should also sue the tenant for missing rent in the smalls claims court if you take this route.

          You could issue a Section 8 on Grounds 10 and 11 but its hit and miss if you will get possession if you follow this route.

          It might be worth knowing that if one opts for a court hearing (via the s21 route) one can ask the judge to award an order for payment of rent arrears and costs.

          Regards

          J
          Last edited by Joannepowell; 12-03-2007, 09:42 AM. Reason: typo

          Comment


          • #6
            Judges tend to be tenant friendly and it is a well known fact that they hate to kick tenants out by the issue of a possession order unless the law compels them to do so. If Jeffrey or one of his colleagues, preferably equipped with a barrister was representing you then you stand a chance of getting a possession order based on discressionary grounds, but only a chance. If however you use a section 21 process and get the paperwork right, the grant of the order is mandatory. The only snag is that the notice period for this is a minimum of 2 months. I would serve a section 21 notice as soon as you can and then decide whether to follow the section 8 route as well (two weeks notice required) The service of one notice has no effect on the other route if you eventually decide to follow this as well.

            P.P.
            Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

            Comment


            • #7
              Hi

              the tenant is on a periodic tenancy originally two tenants but one moved out and now he is now not paying the rent on time over at least 6 months.

              can i serve a section 21 notice on anydate or does it have to be a rent due date

              which section one do i serve - i really dont want to get it wrong
              thanks so much for all your help

              Comment


              • #8
                The appropriate form can be downloaded from "agreements" above. A minimum of two months notice, ending on a rent day, must be given.

                P.P.
                Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

                Comment


                • #9
                  Query

                  Originally posted by P.Pilcher View Post
                  The appropriate form can be downloaded from "agreements" above. A minimum of two months notice, ending on a rent day, must be given.

                  P.P.
                  Is it ending on a rent day or ending at the end of a tenancy period? The reason I ask is that the dates might not necessarily be the same. For example, I pro-rata my rents so that they all become due on the first of the month but tenancy start/end dates all vary. I was of the belief the notice had to expire at the end of a rental period ie. if tenancy was started on the 19th of the month then possession could not be sought until on/after the 19th of the month following two full months notice

                  Clarification would be good if OP is to get the dates correct in the event her rent due and tenancy period differs.

                  Regards

                  J

                  Comment


                  • #10
                    I was under the impression that a Section 21 could only be issued 2 months prior to the date the tenancy is due to end.

                    I am sure you can't just issue it mid-way through.

                    If you are around 2 months from the end you should check out the Accelaretd Process, you can't recover any rent arrears but you will get your property back a lot quicker and there is normally no need for a court hearing.

                    Comment


                    • #11
                      Originally posted by simonc View Post
                      I was under the impression that a Section 21 could only be issued 2 months prior to the date the tenancy is due to end.

                      I am sure you can't just issue it mid-way through.

                      If you are around 2 months from the end you should check out the Accelaretd Process, you can't recover any rent arrears but you will get your property back a lot quicker and there is normally no need for a court hearing.
                      a S21 can be issued at any time during the tenancy, even one day after the start date, the crucial bit is the end date cannot be before the end of the fixed term.

                      Comment


                      • #12
                        Originally posted by simonc View Post
                        I was under the impression that a Section 21 could only be issued 2 months prior to the date the tenancy is due to end.

                        I am sure you can't just issue it mid-way through.

                        If you are around 2 months from the end you should check out the Accelaretd Process, you can't recover any rent arrears but you will get your property back a lot quicker and there is normally no need for a court hearing.

                        The original poster has confirmed that the tenancy has gone periodic and so the section 21 (periodic tenancy) can be issued at any time so long as the correct length of notice is issued and it expires at the correct time.

                        Also, the section 21 can be issued at any time during a tenancy - it just can not expire prior to the end of the fixed term. There is a lot of discussion on this forum about the pros and cons of issuing the section 21 at the commencement of tenancy!

                        Regards

                        J

                        Comment

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