Evicting Tenants

BitterAndTwisted

If the rent is paid a month in advance then they do owe two months on the 1st day of the second month.

Fire_Fox

rapid82 wrote: »

No I'm not a member.

Then make that your priority and attend some of the workshops, which are apparently excellent. Getting advice on a forum means, as you can see, you will get conflicting opinions or conflicting interpretations of the legislation.

N79

MissMotivation wrote: »

I'm not saying you are wrong, but, my understanding is that Section 8, Ground 8 states that the Tenant must owe at least 2 month's rent before eviction proceedings can begin.

If we look at Schedule 2, part 1 Ground 8 as amended it reads:

Ground 8

Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing—
(a)
if rent is payable weekly or fortnightly, at leasteight weeks rent is unpaid;

(b)
if rent is payable monthly, at leasttwo months rent is unpaid;

(c)
if rent is payable quarterly, at least one quarter’s rent is more than three months in arrears; and

(d)
if rent is payable yearly, at least three months’ rent is more than three months in arrears;



and for the purpose of this ground “rent” means rent lawfully due from the tenant.

Text in blue was amended by 1996 c. 52, s. 101(b); S.I. 1997/225, art. 2.

So the relevent text is "2 months rent is unpaid"

Febs rent lawfully due on the 1st Feb. Therefore on the 2nd Feb 1 months rent is unpaid. Next months rent lawfully due on the 1st Mar. 2nd of Mar two months rent is unpaid and hence the ground is triggered.

N79

Fire_Fox wrote: »

Then make that your priority and attend some of the workshops, which are apparently excellent. Getting advice on a forum means, as you can see, you will get conflicting opinions or conflicting interpretations of the legislation.

I would second this (although there really is no conflicting interpretation of the meaning of ground 8).

princeofpounds

Yes, N79 is right, its needs to be two months overdue, which is not the same as two month in arrears.

silvercar

Why would you want to evict this tenant? Soon you will have a situation where the mum is houseproud and keeps the home in good condition and the council will pay you rent direct (as arrears mean you can ask for this). Why would you want to evict? Play your cards right and you could have a long term tenant and virtually guaranteed rent.

MissMotivation

Thanks for clarifying that N79. I wasn't saying that the Tenant wouldn't be 2 months in arrears in my original post, I was just pointing out that they had to be 2 months in arrears.

G_M

Just a thought - what's happened to the husband? I assume his name is also on the contract so he remains equally responsible for the rent. Theoretically, he could be taken to court for the rent owed.

clutton_2

haven't folks understood yet - N79 KNOWS THEIR STUFF - Trust the advice given......

theartfullodger

Yes, N79 is right, its needs to be two months overdue, which is not the same as two month in arrears.

Yes, and further when it gets to court the rent must be 2 months overdue when notice served AND at the court date. So tenant (either: Dad may be happy to cough up just enough to get it below 2months just to keep his 4 kids from being wickedly evicted by evil and money-grabbing Landlord...).

So, tain't easy: Suggest you, as has been advised, join a LL association...

Dad probably thinks as he's gorn he disnae owe you anything... silly boy... btw if Dad gives notice just for himself then the whole tenancy ends .. Wonder what would persuade him to do that then??

Cheers!

Lodger (Landlord since 2000).