Kicking out a tenant

cheekykid

Suppose someone doesn't pay the rent for xxx reasons. Whats the sooner you can kick them out with a court order? Roughly I mean, as from what I hear thus far they can can't kick you out unless you haven't paid for the rent for 2 months. Is that the case?

charliee_3

i'm not an expert but i would say that as soon as 1 rent payment has been missed the contract would have been broken and a court order noticeto quit could be sought which runs for 2 months from a rent date.
In reality I would think a landlord would not start proceedings after only 1 default as it is an expense and a pain in the !!! and may just be a mistake or temporary situaton.. i suppose it depends on the landlord and the previous behaviour of the tenants.. if the landlord is looking for an excuse to get rid then they may start proceedings after only 1 missed payment i guess??

cheekykid

charliee wrote: »

i'm not an expert but i would say that as soon as 1 rent payment has been missed the contract would have been broken and a court order noticeto quit could be sought which runs for 2 months from a rent date.
In reality I would think a landlord would not start proceedings after only 1 default as it is an expense and a pain in the !!! and may just be a mistake or temporary situaton.. i suppose it depends on the landlord and the previous behaviour of the tenants.. if the landlord is looking for an excuse to get rid then they may start proceedings after only 1 missed payment i guess??

I think by law they cant start proceedings unless you haven't paid for 2 months? Does this law applies even when the contract terms are breached?

charliee_3

i dont know.. are you the landlord, or are you the tenant trying to not pay rent?? i'd check the agreement and see what it says.. someone else will probably know the legal side of it..

charliee_3

there may be some info here
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10019426

pinkshoes

If tenant isn't in a fixed period, then you can give them 2 months notice (issued before a rent date) with an S21.

If they're in a fixed period, then the day they miss their 2nd month of rent, the LL can issue an S8 (???) to get the tenant out.

Are you a tenant or a LL... (I'm guessing tenant!)

charliee_3

and here.. http://england.shelter.org.uk/get_advice/paying_for_a_home/rent_arrears/eviction_for_rent_arrears#1

RabbitMad

get over to landlord zone and ask over there.

Basically once the tenant is 2 months in arrears (that means 2 payments missed) you can issue a section 8 and you can issue a section 21 to get them out at the end of any fixed 2 or provide 2 months notice.

tbs624

See Section 8 of the Housing Act 1988 (as amended ), Grounds 8, 10 and 11.

Having two months unpaid rent (where rent is paid monthly) both at the time of application to court, and at the time of the hearing itself, is a mandatory Ground for repossession of the property by the LL (Gr8) so proceedings may be begun as soon as the second rent payment has been missed. However, legal advisers to most Ts will tell them to pay off some of the rent prior to the hearing. Most LLs will therefore also issue under Ground 10 and 11, which refer to some rent outstanding and persistent late payment of rent ( these are discretionary grounds.)

OP - join a LL association, as you' ve posted several queries now relating to this tenancy. They can give you valuable support on these sorts of issues and your membership fee is tax deductable. Membership will also give you discounts on some LL insurances.

Notices are not something a total amateur should just dabble with - it can be a costly and time-consuming procedure if you don't get things right.

tbs624

pinkshoes wrote: »

If tenant isn't in a fixed period, then you can give them 2 months notice (issued before a rent date) with an S21.

If they're in a fixed period, then the day they miss their 2nd month of rent, the LL can issue an S8 (???) to get the tenant out.

Are you a tenant or a LL... (I'm guessing tenant!)

A S21 may have been served already, early on in the tenancy ( after the deposit has been scheme registered), and a S8 can be used whether within the FT or under a periodic agreement.

The OP has posted elsewhere about taking on a tenanted property from his/her parents.However, you are right s/he could also be a T him/herself.

MissMoneypenny

tbs624 wrote: »

so proceedings may be begun as soon as the second rent payment has been missed.

Interestingly, the government state (DWP)
"A person cannot be in rent arrears in respect of a period that has not yet been served."