serving notice/tenant arrears

goRt

An S21 is required to give 2 payment periods notice - very straight forward, but most people get it wrong and leave court wasting their time and effort - the judge will tell you when you've got it wrong

As others have stated, S8 will be defeated if any payment is made, serve the S21 stating the arrears and don't waste your effort on the S8

N79

BitterAndTwisted wrote: »

In order for the Section 8 to succeed the tenant will need to be two months in arrears on the day you issue it and two month's in arrears on the court date.

Ergo, should you issue your Section 8 and the tenant pays down the arrears to less than two months before the court date then the Section 8 will fail.

Which is why you have been advised to issue a Section 21 at the same time.

TBS has already corrected this once in this thread but it is worth doing it again as the OP has missed the point.

A section 8 ground 8 noticecan be issued when a T has at least 2 months rent unpaid. This is equivalent to the T being a month and a day in arrears for a monthly rental period tenancy.

N79

BitterAndTwisted wrote: »

Depends on what date the rent falls due. If the next rent payment was due on 18th of November and the tenant fails to pay the rent again on the 18th of December then you issue your Section 8 on that date.

The day after - ie the 19th December for a Section 8 ground 8 notice as the rent is due on the 18th so only becomes unpaid at midnight.

Blackpool_Saver

BitterAndTwisted wrote: »

Of course there is a contract: the landlord provides a property and the tenant in return pays rent to occupy it.

a little terse and uncalled for B and T, bad day is it?

I was merely seeking to establish some facts.

I shall now bow out and leave this thread to your superior majesty.

Ergo lol

patricchio

goRt wrote: »

An S21 is required to give 2 payment periods notice - very straight forward, but most people get it wrong and leave court wasting their time and effort - the judge will tell you when you've got it wrong

As others have stated, S8 will be defeated if any payment is made, serve the S21 stating the arrears and don't waste your effort on the S8

Not so straightforward after all.. I have an AST with rent falling due on the 15th of every month. Tenancy has gone periodic on 15th August 2010 and a section 21 was served on 14th September, with a notice start date of 15th September and end on 14th November. The T has not left and my subsequent repossession order has just been dismissed because section 21 was not served with 2 month notice... am I missing something here? The T has not paid rent for 6 months and my repossession order is dismissed? What shall I do?

tbs624

goRt wrote: »

An S21 is required to give 2 payment periods notice - very straight forward, but most people get it wrong and leave court wasting their time and effort - the judge will tell you when you've got it wrong

As others have stated, S8 will be defeated if any payment is made, serve the S21 stating the arrears and don't waste your effort on the S8

my bolding

A S21 Notice of Intent to Repossess is a "no fault" notice, so "stating the arrears" is irrelevant.

When a T has unpaid rent and is failing to deal with it the better option is the "belt and braces" - a valid S21 *plus* S8: G8, G10 and G11

Mandatory

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 least [F9eight weeks’] rent is unpaid;

(b)if rent is payable monthly, at least [F10two 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.

Discretionary

Ground 10

Some rent lawfully due from the tenant—

(a)is unpaid on the date on which the proceedings for possession are begun; and

(b)except where subsection (1)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings.
Ground 11

Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.

theartfullodger

amjustagirl wrote: »

............... my tenant lost their job and is trying to claim housing benefit at what point can i serve s8/s21? .................

Stone me, tenant is entirely entitled to claim HB/LHA and any decent Landlord would be willing to help them with their application.

There are parts of the UK where the accepted standards for Landlords do not permit discrimination against benefit claimants.

What next? Enthusiastically evicting any tenants in receipt of state retirement pension or Child Benefit??

tbs624

theartfullodger wrote: »

Stone me, tenant is entirely entitled to claim HB/LHA and any decent Landlord would be willing to help them with their application.

Agree with you in principle Artful but if T fails to communicate adequately with LL, leaving rent unpaid and uncertainty over future rent payments then it's understandable that the LL gets jittery. It's obviously crappy all round when a T loses their job.

My view is that a LL should send an early Rent Statement to the T and ask for the T to keep the LL informed about progress of their LHA claim.

If T is playing ostrich and the LL then wishes to serve Notice then the LL can of course ask for a *suspended* Possession Order....

teeni

patricchio wrote: »

Not so straightforward after all.. I have an AST with rent falling due on the 15th of every month. Tenancy has gone periodic on 15th August 2010 and a section 21 was served on 14th September, with a notice start date of 15th September and end on 14th November. The T has not left and my subsequent repossession order has just been dismissed because section 21 was not served with 2 month notice... am I missing something here? The T has not paid rent for 6 months and my repossession order is dismissed? What shall I do?

did you post the notice if so it would not have expired until 14th december and you can re apply to court after that date (providing there was a saving clause in the notice). The tenant must have received it by or on the 14th.

If there was not a saving clause then start again with a new notice and make sure that the notice gives the required 2 months and dont start court proceedings until the notice has expired.

Did the judge not tell you why the case was dismissed they usually do?

jamespir

how mean i know you dont not want to be paid but you seem in rush to get them out they have just lost there job