Rent arrears and Section 8 query

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    Rent arrears and Section 8 query

    My tenant of 2+ years pays rent weekly but is currently in arrears of 3 weeks. He is behind on his payment at other times on a frequent basis. I have sent a letter asking him to clear the outstanding amount within 5 weeks but has not done so.

    Can I now give him his notice under section 8 ground 11?

    Can I also deduct the outstanding rent due from his deposit?

    #2
    Originally posted by WilsonT View Post

    Can I also deduct the outstanding rent due from his deposit?
    Where's the deposit at the moment?
    "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

    What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

    Comment


      #3
      You can give him a s8 any ground any time: Question is, it it valid & usable..

      When did the last fixed term expire/will expire??

      Rent paid weekly: Does it state tthat in the tenancy agreement?? If so have you provided, as required, a rent book??

      I'd serve S8 G10 & 11 today.

      What would an inventive tenant find as disrepair issues to combat any S8 rent arrears action?? You may be better off going s21.

      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...

      Comment


        #4
        Forget about the Sec 8.
        In my opinion, no judge is going to make an order for possession based on such little arrears.

        Serve a valid Sec 21.
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #5
          Originally posted by Wannadonnadoodah View Post
          Where's the deposit at the moment?
          The deposit is being held at The Deposit Protection Scheme.

          Originally posted by theartfullodger View Post
          When did the last fixed term expire/will expire??

          Rent paid weekly: Does it state tthat in the tenancy agreement?? If so have you provided, as required, a rent book??
          The last fixed term ended at the end of the first year. The tenancy agreement was for monthly payments but he had issues early on and so I wrote a letter suggesting weekly payments. He agreed to this and payments arrived weekly for good periods of time. However, almost every other month I would still have to contact him to remind he is still behind the odd week or two before he would catch up.

          It may be important to note that I did not supply an amended tenancy agreement with the new payment terms. Also, I did I supply a rent book as I was simply relying on my dedicated bank account's transaction list as a record and he would have the account's paying in book as his.


          Originally posted by thesaint View Post
          Forget about the Sec 8.
          In my opinion, no judge is going to make an order for possession based on such little arrears.

          Serve a valid Sec 21.
          With a section 21, I am concerned he may use up the maximum allowed two months to continue staying there but still not pay the arrears or for those two months. The total of which would be more than the deposit. Is this something I am going to have to face as the "cost" of being able to be rid of this tenant in the hope of finding a better one?

          Comment


            #6
            Serve s8 g10,11 as well ass21.
            If orig AST states rent due pcm, then rent book not required
            Rent increase did not require a new TA but a s13 Notice would have been a good idea
            I agree with thesaint, a Judge is unlikely to evict for 2 wks arrears

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