Tenant has given notice but has arrears. Section 8?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Tenant has given notice but has arrears. Section 8?

    Hi all,

    I will try to keep this brief because i appreciate your time and any responses! This case relates to my father, who until i intervened, has been a bit of a walkover Landlord.

    The AST (one year fixed term, montly rent) finished at the end of October 07. By this time, the tenant had managed to notch up 4 months of arrears. I met up with her towards the end of the tenancy and agreed a reasonable repayment plan, which she was very happy with and signed. The plan required a lump sum payment (of nearly two months rent) on the day she signed it, which she happily paid. For this reason and that other than the rent problems, she had kept the house very well (redecorated nicely etc), she was awarded with another 6 month AST tenancy.

    Up to now, she hasn't made a single payment of rent and minimal arrears repayment. On Jan 1st, she posted us a letter giving 8 weeks notice to leave the property (so leaving at the end of Feb 08) and wrote a load of rubbish about not having to pay rent. I responded in writing, reciting the law to shoot down her letter. Also, since this has become a troublesome tenancy, my father decided that he'd accept her notice (despite there being no break-clause in the contract) but the letter made it clear that arrears would be chased through the courts if necessary. The letter asked her to pay the arrears up to December 07 within 14 days or it would be pursued via the Small Claims Track. This time has passed without response.

    I get the feeling that she will leave the property without paying a penny and perhaps worse still, she'll remain after the agreed leaving date. Therefore, i am after a bit of advice:

    -Should we pursue the arrears up to December 08 via the Small Claims Track(then launch another seperate claim if she deosn't pay due rent up to end of Feb 08)? Or:

    -Having accepted her notice to leave, have we forfeited the right to issue a Section 8 Notice (with two weeks notice), so she can be caught by surprise? If not, would a court deem a Section 8 notice unreasonable because we have accepted notice? If we can't issue a Section 8 now, with two weeks notice, then:

    -Can we issue her with a Section 8 Notice now (put the earliest proceedings date as Mar 1st 08), so we can start proceedings immediately, should she decide to stay after the agreed leaving date?

    From what i have read, if we do serve a Section 8 and then successfully obtain a Possession Order, the Court will normally ask the tenant to pay all arrears. Therefore, the eviction and arrears can be legally achieved in one action and any further claims/warrant action can take root from this. Am i right please, or have i got this wrapped around my head?!

    Thank you in anticipation,

    Swine

  • #2
    The most important thing is to get your property back from this tenant ASAP.

    serve section 8 as soon as tenant is 1 month and 1 day in arrears under grounds 8,10,11. Post 1 copy and get proof of postage and deliver 1 by hand with witness if poss.

    Also serve section 21 CORRECTLY filled out as back up in same way as above.

    As soon as notice expires get youself down the court house and apply for hearing.

    Bear in mind if you go down the route of the s8 the tenant could pay some arrears off to get them below the 2 month mark and you cant use the ground 8 route

    Comment


    • #3
      Thanks for your quick reply johnboy. It's sound advice but i have a few more questions and would be grateful if you could answer them:

      -Since the tenant has continuing arrears from her last tenancy, can these be included as Ground 8 (arrears of over two months) factors in the notice? This, even though she now has a new 6 month tenancy? If this is the case, then it is unlikely that the tenant will pay off enough of the arrears to fail the Section 8.

      -It is highly likely that the tenant will see the Section 8 and leave by the expiry. The deposit will cover February's rent, give or take, so should we just serve the Section 8 and begin seperate proceedings through the Small Claims Track to obtain all the arrears? This may seem like a stupid plan but the logic lies in the fact that, right now, she has a fixed address (the dwelling) and tracking her after she has left could be a troublesome process.

      What do we reckon folks?

      Thanks,

      Swine

      Comment


      • #4
        If you go the s8 route the judge will make an order for the arrears.I dont think it matters that you have given a new contract,that doesnt wipe out the earlier arrears. Just do a spread sheet of all money in and money out with dates to show total arreas since they moved in. That should be good enough for the judge (back it up with reciepts and statements as much as poss)

        Comment


        • #5
          Once again johnboy, thanks for your response.

          Though it may seem like an unnecessary step, the reason i want to start Small Claims proceedings as well as issue a Section 8, is that i can begin pursuit of arrears while she is at a definite address.

          If she does a bunk before the agreed departure date, i will have to track her new address down before starting a decent claim. That is just adding more steps to an already tiring process.

          Reckon this is a sensible way to proceed?

          Comment


          • #6
            I understand your way of thinking and it may have merit but the bottom line is will the tenant pay if you win?????

            Comment


            • #7
              Hi johnboy. You're completely right but it might teach her to not take the piss out of landlord's who try to be reasonable with their tenants. A CCJ will see to that.

              Once final question. One of the question's on the Section 8 is:

              "The court proceedings will not begin until after:"
              (Give the earliest date on which court proceedings can be brought)

              I will honour the agreement for her to leave at the end of February. However, the earliest date on which court proceeding can be brought is two weeks from the date of the notice. So should i:

              -Put the date as two weeks from the notice? Or..

              -The 1st March 08, which is the day after the agreed leaving date?

              If i do put two weeks from the day the notice is served, does the notice have any sort of expiry date, after which point a court demands another one is issued?

              Thanks,

              Swine

              Comment

              Latest Activity

              Collapse

              • What brand/price point for washer/dryer would you recommend?
                clairol
                As a landlord what approach do you take to replacing white goods in your rental properties?
                Do you buy cheapest brands and then dispose of them when they go wrong as it is pricey to repair?
                Or do you go for a better brand and hope for longevity?
                My repair man recommends buying the...
                22-07-2017, 08:48 AM
              • Reply to What brand/price point for washer/dryer would you recommend?
                jpkeates
                Horses for courses.

                I've never been able to get a fridge repaired, they only have one working system and when it breaks it's time for a new fridge, so I buy the cheapest one that fits with a name I've heard of.

                Washing machines can be repaired, so I pay more for one that has...
                22-07-2017, 10:27 AM
              • Claiming for protected deposit
                mandm
                This is an interesting one, got me into a spin.
                Tenants signed AST but decided to leave after 6 months and 3 days (problem with moving) using the break clause in the AST. I protected the deposit using DPS (Insured) and returned the deposit minus deductions when the moved out.
                I served the...
                21-07-2017, 08:00 AM
              • Reply to Claiming for protected deposit
                jpkeates
                That would be pointless.

                The tenant would have to sue to get their own money back.
                Apart from the waste of the court and tenant's time, there would be little or no compensation because the tenant would suffer no loss to compensate them for (loss of interest?).
                The only people...
                22-07-2017, 10:23 AM
              • Deposit at the end of AST. Also, quiet enjoyment.
                scooter08
                Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?
                England

                Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?
                AST

                Q3 – What date did current TA start dd/mm/yy?
                12/04/2015
                ...
                21-07-2017, 15:06 PM
              • Reply to Deposit at the end of AST. Also, quiet enjoyment.
                Wright76
                Your right that the penalty claim is the law and it's your right to claim it.

                Unfortunately however you won't receive much sympathy on here,as most of us recognise that most of the breaches have been made by inexperienced landlords and not through any intention to rip you off.
                ...
                22-07-2017, 10:18 AM
              • Reply to Claiming for protected deposit
                jpkeates
                The legislation has been in place for a decade and has been revisited at least twice (and tweaked each time).
                The deposit schemes have fairly clear guides about what needs to be done and how and when to do it.

                Given the tenant(s) the Prescribed Information is part of the process of...
                22-07-2017, 10:17 AM
              • Reply to Claiming for protected deposit
                JK0
                It discourages landlords from taking a deposit at all, and instead making it up with higher rent. This discriminates against tenants staying for a long time.

                I think that is what is happening to o/p.



                It's all a lot of nonsense. Tenant could always sue if landlord...
                22-07-2017, 10:12 AM
              • Reply to What brand/price point for washer/dryer would you recommend?
                Dinkum
                I buy the cheapest machine I can source. It is usually a Hotpoint or Indesit. And they all come out of the same factory. Some of them last for years. I've just replaced a Hotpoint WD after 11 years with a new Indesit one. I try and avoid the ones with the digital display and too many fancy options as...
                22-07-2017, 10:09 AM
              • Reply to Claiming for protected deposit
                mandm
                What’s evident from responses in this thread that equal emphasis was given to deposit protected within time frame and T were informed in a prescribed manner, some going as far as getting the T to sign the acknowledgement!
                I am really flabbergasted to read some of these emphasis, surely the point...
                22-07-2017, 10:07 AM
              Working...
              X