Section 8 Housing Act - To evict a tenant?

may_fair

Icey77 wrote: »

Thankyou everyone for your replies!

I have to confess I am a little confused by the difference between "Rent owing" and "arrears".

May I check my thinking?

Month 1 - Rent owed on 1st (Not paid)
Month 2 - Rent owed on 1st (Not paid)*
Month 3 - Rent owed on 1st (Not paid)**

At the point I get to Day 2 on Month 3 and my tenant still has not paid the rent for months 1&2 he is 2 months in arrears with the current month owing.

*On the 2nd day of Month 2, there is two months' rent owing and unpaid.

**On the 2nd day of Month 3, there is three months' rent owing and unpaid.

Owing and unpaid is what is relevant to ground 8 of the s.8 notice when rent is payable monthly, not arrears. See post #5 for the actual wording of ground 8.

Icey77

Ahhh, I got you ... I think!

According to my contact the "2 months unpaid" can be pro-rated across the rental periods - is this right?

Because the rent periods start 21st of each month - do I have to wait until there is essentially £1300 (2 rent periods at £650) oweing at a particular day in the rent period or do I have to wait until there is 2 full rental periods due. At this point it would be nearer 10 weeks of rent due though?

Eg - the rent that was due 21st May has been part paid - £355 of £650 is unpaid. The rent that was due 21st June is also currently unpaid.

According to my calculations (please comment or correct as you see fit!) my tenant is oweing the last 17 of the 31 days of the rent that was due 21 May (4 -20 Jun period) and all 30 days of the rent that was due 21st June (21 Jun - 20 Jul period).

Do I have to get to a totol of 62 days (maximum of 2 months rent period across any 2 month period within the contract) before I can serve the section 8 notice?

If this is the case, I have to get to day 62 (4 August) and no further payments to have been received.

If I am going off in a completly wrong tangent plesae don't hesitate to tell me!

Sadly, I feel that is unlikely that my tenant is going to allow this to happen - he will keep paying in dribs and drabs. I think I may have to keep at him to pay until I can use the break clause in January 2012 :mad::mad:

Thanks
Icey !

Ps - I'd just like to add that I am not a lazy slum landlord that many on these boards seem to think the majority of single property LL's are. My paperwork is all in order and I have the relevant permissions and the deposit is held by the TDS etc. I am trying to be as sympathetic and helpful as I can but when it comes down to it it is my tenants responsibility to pay his rent and he is not.

RAS

I am not even a LL and I think I understand the law better than you do - as a LL granting a long contract, you really should have understood this before you started.

Why not issue a section 11 notice on the grounds of persistant late payment?

It is not about being 62 days late in payment for a section 8 notice, it is to do with the amount owing on any one day.

May 21 - failed to pay any rent at all this month - £650 owing
June 21 - fails to pay rent on rent day. £1300 - £1300 owing

Grounds a section 8 notice now exist after 32 days and it should be issued.

The tenant responds by paying £200 on July 3, £1100 owing so the section 8 notice would not be granted if it went to court.

July 21 - tenant only pays £300. now owes £1450

Grounds now exist to issue another section 8 notice. Until s/he gets the debt below £1300 the section 8 is valid.

Icey77

RAS wrote: »

I am not even a LL and I think I understand the law better than you do - as a LL granting a long contract, you really should have understood this before you started.

Your point is valid, the only defence I have is that I was following the advice of my LA. Clearly, they were very interested in getting the monthly commission on a 2 yr contract and now are being a bit crap on chasing the rent amounts due.

Hindsight is a wonderful thing and I can only use this as a learning oppotunity and try to better next time around.

RAS wrote: »

Why not issue a section 11 notice on the grounds of persistant late payment?

As I mentioned above, a seasoned LA (from a different area to my property but who has proved very helpful) has advised that attempting to use a discrentionary ground is rarely successful. The wording is subjective and the courts are felt to be heavily biased in favour of the tenants - in all VERY risky!

RAS wrote: »

It is not about being 62 days late in payment for a section 8 notice, it is to do with the amount owing on any one day.

May 21 - failed to pay any rent at all this month - £650 owing
June 21 - fails to pay rent on rent day. £1300 - £1300 owing

Grounds a section 8 notice now exist after 32 days and it should be issued.

The tenant responds by paying £200 on July 3, £1100 owing so the section 8 notice would not be granted if it went to court.

July 21 - tenant only pays £300. now owes £1450

Grounds now exist to issue another section 8 notice. Until s/he gets the debt below £1300 the section 8 is valid.

This is by far the most understandable explanation, thank you!
I will be waiting for the 21 July to see where I stand.

Many thanks to everyone so far, your help and explanations are greatly appreciated.