Rent Arrears

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    Rent Arrears

    rent Arrears - I Have Served A S21 Notice On A Tenant To Gain Possession Of A Flat. Since Serving The Notice The Tenant Has Stopped Paying The Rent And Despite Chasing The Tenant With Letters They Have Not Paid Anything. Usually I Would Serve A S8 Notice After 31 Days Giving Them 14 Days To Pay, But Because A S21 Has Already Been Served I Am Unsure What To Do (its Been Along Time Since I've Possessed On The Grounds Of Rent Arrears). I Am Tempted To Go Down The Small Claims Online To Claim For The Arrears Seperately. Any Ideas?

    #2
    You cannot serve a s8 notice until the tenant is over two months in arrears which then gives him two weeks to get his arrears below two months. If this is not done, then you can start court action. If the tenant pays anything to get his arrears below two months before the court hearing, the action will fail.
    The s21 notice which you have already served requires at least two months notice and then court action can be commenced. Provided you have the paperwork right and the notice has been served correctly, no court hearing is necessary and a possession order should be forthcoming. Its existence has no effect on any section 8 action you are proposing and vice versa.
    I imagine your tenant has stopped paying because of your impending s21 action and is aware that to obtain the owed rent you will have to take him to the small claims court which may possibly not prove cost effective.

    P.P..

    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


      #3
      You can actually serve both s21 and s8 if you so desire. How long is remaining on the s21? Quite often is it quicker to go down the s21 route (particularly if you plan to use Accelerated Possession Procedure) and just chase for the arrears via small claims as you suggest.

      It's probably a good idea to submit your small claim at the earliest opportunity so as to have the current address for service.

      Good luck

      J

      Comment


        #4
        Originally posted by P.Pilcher View Post
        You cannot serve a s8 notice until the tenant is over two months in arrears which then gives him two weeks to get his arrears below two months. If this is not done, then you can start court action. If the tenant pays anything to get his arrears below two months before the court hearing, the action will fail.
        The s21 notice which you have already served requires at least two months notice and then court action can be commenced. Provided you have the paperwork right and the notice has been served correctly, no court hearing is necessary and a possession order should be forthcoming. Its existence has no effect on any section 8 action you are proposing and vice versa.
        I imagine your tenant has stopped paying because of your impending s21 action and is aware that to obtain the owed rent you will have to take him to the small claims court which may possibly not prove cost effective.

        P.P..

        P.P.
        First comment: in fact, L can serve s.8 Notice even if arrears <2 mths [ground 10] or, whether or not there are current arrears, if T persistently pays late [ground 11]. It's just that g10/11 are discretionary, whereas g8 gives mandatory right to possession if arrears >2 mnths. both at Notice service date and at Court hearing date.
        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).

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