should I give Tenant notice now

Red-Squirrel_2

silverwhistle wrote: »

To be honest, although I've done a bit of horse riding in my time I agree and think everybody would be of the same opinion...

Not everybody, if an animal is suffering the owner has a responsibility to get it appropriate veterinary care. In fact, it the law now.

jstvj

Good news tenant paid £400 this morning, so no need for section 8. Tenant still insists the two months were taken from her account as per the standing order. Yesterday the bank (same branch) told me that is impossible and said they can immediately issue tenant with a standing order history statement, which would prove the point either way. Tenant has assured me that she will get it from the bank and give me that evidence today. It's a matter of wait and see now, for today at least.

Guest101

jstvj wrote: »

Good news tenant paid £400 this morning, so no need for section 8. Tenant still insists the two months were taken from her account as per the standing order. Yesterday the bank (same branch) told me that is impossible and said they can immediately issue tenant with a standing order history statement, which would prove the point either way. Tenant has assured me that she will get it from the bank and give me that evidence today. It's a matter of wait and see now, for today at least.

No they havent paid the rent, as otherwise theyd tell you to stick it when you asked for £400...

jstvj

Guest101 wrote: »

No they havent paid the rent, as otherwise theyd tell you to stick it when you asked for £400...

Section 8 is no longer applicable because the rent is no longer two months in arrears or have I missed something ? I think it's fair to give tenant the opportunity to prove her version of events, but if she fails to do so, I will then have to issue the section 21 notice.

Either way, I hope I will receive an offer to pay the remaining arrears, before next month becomes due.

Guest101

jstvj wrote: »

Section 8 is no longer applicable because the rent is no longer two months in arrears or have I missed something ? I think it's fair to give tenant the opportunity to prove her version of events, but if she fails to do so, I will then have to issue the section 21 notice.

Either way, I hope I will receive an offer to pay the remaining arrears, before next month becomes due.

Section 8 is valid (unless a recent change) if rent is 1 day late

However judges have shown they will not enforce until arrears are over 2 months. And the tenant can reduce this literally minutes before court.

If i was a tenant and i'd paid rent via standing order - I WOULD NEVER HAND OVER £400! I'd tel lyou to go find it in your account, complain to your bank, kick up a fuss. - they havent paid it.

You either want them our or you dont. Yes - issue s.21 / no - enjoy them taking avantage of you.

fishpond

issue the S21 anyway, making sure the dates are correct (The tenant must be given 2 months notice + allow 2 days receiving in the post.
The date when you will ask the court for a possession order must also be outside of the AST term.
GM's links explain in more detail & are, I believe, up to date.

fishpond

Red-Squirrel wrote: »

Not everybody, if an animal is suffering the owner has a responsibility to get it appropriate veterinary care. In fact, it the law now.

The tenant also has a duty to behave in a tenant like manner.
Paying the rent to the LL would be a good start.
If you can't afford to upkeep or insure a pet, you shouldn't have one.
Likewise if you can't afford a roof over your head, then sleep under the stars.
I know someone that went into a supermarket yesterday, piled their trolley up and left, when they were arrested, they said they had vets bills to pay, they are awaiting a ball and chain.:rotfl:

jstvj

fishpond wrote: »

The tenant also has a duty to behave in a tenant like manner.
Paying the rent to the LL would be a good start.
If you can't afford to upkeep or insure a pet, you shouldn't have one.
Likewise if you can't afford a roof over your head, then sleep under the stars.
I know someone that went into a supermarket yesterday, piled their trolley up and left, when they were arrested, they said they had vets bills to pay, they are awaiting a ball and chain.:rotfl:

I agree entirely.

Hopefully Tenant will prove bank is at fault (doubtful) or pay the remaining arrears before next month is due (more likely). In any event, I will issue the section 21 on Monday. Thank you.

G_M

S8 ground 10 can be used whatever the level of arrears, however it is a discretionary ground ie up to the judge, and judges tend to be reluctant to evict unless there is a history and /or other factors.

S8 Ground 8 is mandatory - the judge has no choice but must evict.


Schedule 2 (17 S8 Grounds a LL can use)

jstvj

G_M wrote: »

S8 ground 10 can be used whatever the level of arrears, however it is a discretionary ground ie up to the judge, and judges tend to be reluctant to evict unless there is a history and /or other factors.

S8 Ground 8 is mandatory - the judge has no choice but must evict.


Schedule 2 (17 S8 Grounds a LL can use)

I guess your going to shout at me. I know you can use more than one ground, could I start with ground 8, then 10 & if all else fails resort to 1