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
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
Comment