Unpaid rent

Guest101

jayship wrote: »

Thank you to all those who have responded.

The property is in Nottingham. The landlord wants repossession asap rather than the outstanding rent which he is unlikely to get as the person is unemployed. - So when he issued a s.8 notice - which is a repossession notice. Ground 8 - Rent arrears. He should've followed it through.

He issued a court judgement for the rent hoping that the tenant will move out rather than wait for court proceeding. This has not happened and probably tenant knows that he can continue to live rent free until the court grants possession. - So now he goes to the county court to enforce the section 8 notice. The AST has expired and the renewal would not have happened due to unpaid rent. - The tenancy becomes periodic, by law. Nothing the LL can do about this.

I understand that county court judgement is around £280. He has downloaded The Sheriffs Office form and they are asking for a payment of £60 only but he believes is quicker.

They must have an order to enforce. They don't turn up on his say so!


Its county court first, where he asks that the enforcement of the order is transferred to the high court. If the judge agrees, then he pays again!


Oh and alienates all the other tenants because they'll have high court officers in their home....


- quicker still, pay the tenant to leave. Not easy to swallow, but if he wants speedy resolution.

G_M

jayship wrote: »

...

He issued a court judgement for the rent hoping that the tenant will move out rather than wait for court proceeding. This has not happened and probably tenant knows that he can continue to live rent free until the court grants possession.
well that was a bad move....
Especially as Saint points out, a S8 might now fail ......
The AST has expired and the renewal would not have happened due to unpaid rent.
As explained, the AST has not expired. The Housing Act makes that impossible.

I understand that county court judgement is around £280. He has downloaded The Sheriffs Office form and they are asking for a payment of £60 only but he believes is quicker.

Have you actually read the replies in this thread?

thesaint

Guest 101, to me it reads that there is no Sec 8 notice.
The landlord simply got a "Small Claims" court judgement.

Escalting it will send someone to collect money/goods, not gain possession.

I think the only option left to the landlord to guarantee possession is to wait until a further 2 months rent is unpaid that is not covered by the previous judgement, and get a Sec 8 possession, or a Sec 21.

Guest101

thesaint wrote: »

Guest 101, to me it reads that there is no Sec 8 notice.
The landlord simply got a "Small Claims" court judgement.

Escalting it will send someone to collect money/goods, not gain possession.

I think the only option left to the landlord to guarantee possession is to wait until a further 2 months rent is unpaid that is not covered by the previous judgement, and get a Sec 8 possession, or a Sec 21.

Ah perhaps you're right.


I read it as issued a S.8, but didn't bother to enforce. But yes if he's now got a small claims order, then I don't think s.8 g8 would work


In which case,


1: yes s.21
2: Pay tenant to leave
3: as you say, wait until in arrears build up and s.8

jayship

Thanks for all the input to my query.

He issued a court order for outstanding rent in the hope that the tenant will move out which has not happened. Tenant accepted liability for the outstanding rent which will now show up on his record.

He has issued a Section 8 notice. Now he will have to go through the local county court for re-possession asap. I do not think S21 is required as the rent has not been paid for 4 months.

I have told him that he should ask for repossession only through the court and forget about the rent which is never likely to be paid.

I have spoken to the Sheriffs Office and they cannot take up the case unless instructed by the county court. This was pointed out by a forum members. Thanks.

I trust this clarifies the Landlords position.

DandelionPatrol

thesaint wrote: »

If the landlord has a judgement for the debt, wouldn't that rule out getting possession via a Sec 8? He can't be owed the money twice.

Please clarify.

AFAICS, a ccj for the rent arrears is precisely a remedy for the arrears and a repo order is a remedy for continued occupation without paying - ie an evistion.

Or to put it another way, if a repo was sought first and granted, I doubt that that would preclude a ccj to recover arrears.

G_M

DandelionPatrol wrote: »

Or to put it another way, if a repo was sought first and granted, I doubt that that would preclude a ccj to recover arrears.

Indeed.

But the reverse has happened. The debt has been dealt with by the judgement, so the suggestion is that using a S8 now to regain possession on the basis of that dealt-with debt, might fail.

I'm uncertain, hence the suggestion by myself and others to serve a S21 too.

Of course, whilst OP has now confirmed that 4 months rent is owing, we don't know how many months the judgement was for. If only 2, then the further 2 months would remove all doubt from a S8.

Miss_Samantha

Hi Jayship,

If you already got a judgement for the owed rent I do not think that this will impact the possession side of section 8 proceedings. Indeed, as long as the rent is still unpaid the court should make a possession order.
However, of course the court should not make a second judgment for the debt.

G_M

Miss_Samantha wrote: »

Hi Jayship,

If you already got a judgement for the owed rent I do not think that this will impact the possession side of section 8 proceedings. Indeed, as long as the rent is still unpaid the court should make a possession order.
However, of course the court should not make a second judgment for the debt.

You may be right, and if you are - welcome and respect!

However, to add weight to your 'thought', can you indicate what it's based on? Have you personal experience of a similar scenario and a court outcome? Or do you work professionally in the legal field etc?

Miss_Samantha

I think the statute speaks for itself:

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—

(b) if rent is payable monthly, at least two months’ rent is unpaid;