Unpaid rent

jayship

Thanks again for further input to forum members.
The landlord is going to apply for an eviction order through a local county court. He may have made a wrong decision along the way and not followed the correct procedure.

The bottom line is the tenant cannot remain there rent free and the court may consider that the freebie cannot go on indefinitely despite a procedure error by the landlord.An expensive and costly mistake.

Finally am i correct in asking him to apply for a straight forward possession for failing to pay rent. The rent issue has been dealt by a county court judgement where the tenant has accepted liability and the landlord understands that the rent will never be paid.

Thanks

Guest101

No!

The LL needs to issue the correct notice!

Section 8 ground 8 - possibly, but if it's not possible he or she is wasting time.

Section 21 - two months notice but is guaranteed.

Or pay the tenant to leave.

Those are the 3 options.

G_M

jayship wrote: »

The landlord is going to apply for an eviction order through a local county court.
Does he understand how?

He may have made a wrong decision along the way and not followed the correct procedure.
All the more reason to get the procedure right now.

The bottom line is the tenant cannot remain there rent free
Errr.. Yes, if the LL gets the procedure wrong, the tenant CAN remain there rent free.

and the court may consider that the freebie cannot go on indefinitely despite a procedure error by the landlord.
That is a huge, and unlikely, 'may'!
An expensive and costly mistake.
If the LL continues to get it wrong, the court WILL 'consider that the freebie can[STRIKE]not[/STRIKE] go on indefinitely'.

Finally am i correct in asking him to apply for a straight forward possession for failing to pay rent.
He needs to serve the correct notice on the tenant before he goes anywhere near the court.

The landlord cannot apply to the court without first serving the tenant with either

* a S8 notice

* a S21 notice or

The landlord should read the Housing Act 1988 (S8, S21, and schedule 2).

As guest suggests, the only other option is to persuade the tenant to leave voluntarily, bearing in mind the Protection from Eviction Act 1977.

See also:

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

G_M

Miss_Samantha wrote: »

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;

There you go Dude! It's really not hard to quote your sources is it? Then people can judge whether to rely on your advice or not.

You're learning.....

Miss_Samantha

G_M wrote: »

There you go Dude! It's really not hard to quote your sources is it? Then people can judge whether to rely on your advice or not.

You're learning.....

G_M,

I was polite enough to reply to your previous, rather condescending questioning, only to get this arrogant reply?

Well, thank you very much.

Clearly your little gentleman's club does not welcome new members, especially when they do not feed your egos.
That's a shame for all those relying on MSE for advice.

Guest101

Miss_Samantha wrote: »

G_M,

I was polite enough to reply to your previous, rather condescending questioning, only to get this arrogant reply?

Well, thank you very much.

Clearly your little gentleman's club does not welcome new members, especially when they do not feed your egos.
That's a shame for all those relying on MSE for advice.

We welcome new members with open arms, just not 'new' members.


Hence the reference to 'dude'