Tenancy eviction saga - advice appreciated

dancingfairy

I'm not sure but isn't one of the criteria that the tenant is more than 2 rent periods in arrears? I'm just worried that if the tenant pays a chunk off the arrears they can argue it's less than the threshold and it may buy them more time, particularly if they have a sympathetic judge
What do you know about the tenant in terms of where they work or bank details, guarantors etc, basically how are you going to go after the arrears once you have posession.
Has the paperwork been served correctly?
Have you complied with all your responsibilities in terms of protecting any deposit, gas safety checks, appropriate permission from mortgage company etc etc.
You need to get all your ducks in a row and make sure any paperwork you serve is watertight. This may mean starting again if things aren't quite right.
I appreciate youre in a different country and its pretty hard but there's plenty of help and support on here and I'm sure someone can provide lots of links and reading materials to make sure you get it right.
Df

theartfullodger

dancingfairy wrote: »

I'm not sure but isn't one of the criteria that the tenant is more than 2 rent periods in arrears? I'm just worried that if the tenant pays a chunk off the arrears they can argue it's less than the threshold and it may buy them more time, particularly if they have a sympathetic judge
......

A landlord can serve s8g10 if only 1p is underpaid for only 1 day (unlikely to gain eviction mind..). Suspect if more landlords issued s8's early the message about rent being paid in full might get through.

s8g8 is for when 2 months (depending..**) is unpaid (not the same as arrears ***) but is only a mandatory ground if..
a) 2 months unpaid when notice issued and at court date (so tenant can just pay enough to get 1 day less than 2 months unpaid &
b) tenant doesn't defend by claiming required repairs costing £xxxx which judge accepts reduces rent owed by that £xxxx

see...
http://www.landlordzone.co.uk/content/grounds-for-possession

** 2 months: The wording of the Act (Housing Act 1988 Schedule 2, Part1(8)..)
http://www.legislation.gov.uk/ukpga/1988/50/schedule/2/part/I/crossheading/ground-8
is..

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 eight weeks’ rent is unpaid;

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

So only 2 months for monthly rent: Note there is no period unpaid for 4-weekly tenancies, very common for HB/LHA so I contend s8g8 is not valid for 4-weekly tenancies..


*** Arrears vs. Unpaid.. Assume rent is due 1st of month. Tenant did not pay 01/04/2016 so as of now 1 month's rent is unpaid but they are only 7 days in arrears. If no further payments up to end 1st May then on 2nd May arrears are 1 month 1 day but 2 months unpaid so landlord can issue s8g8 2nd May.

franklee

theartfullodger wrote: »

b) tenant doesn't defend by claiming required repairs costing £xxxx which judge accepts reduces rent owed by that £xxxx

Wonder if the tenant is canny enough to say they've just discovered the NRL scheme and given they haven't heard from HMRC they are putting the rent aside until they know if they are liable for the 20% tax. It wouldn't matter if they never plan to pay the tax over to HMRC - it'd still be enough to show they don't owe the LL rent at the time of the hearing (20% of 1,200pcm from May 2011 to May 2016 is 14,400 which dwarfs the 4,800 current arrears).

Even if the tenant hasn't heard of the NRL rules I'd not want to bet the judge hasn't.

This is why the OP needs to have all the right paperwork served on the tenant and proof it's been served so as to head of any spurious claims or confusion. Preferably with all the paperwork in the bundle taken to court.

Not that the OP answered my NRL queries.

theartfullodger

Miss_Samantha wrote: »

What a complete shambles!

Why did you wait for 6 months before having the tenant pay directly to you?
Why didn't get rid of the tenant years ago?
How come you did also serve a s.21 notice?
How come you waited for 2 months before started proceedings under s.8 with such arrears?

It may be a bit too late but it seems that your legal counsel is not up to the job.
As you can see judges will use whatever excuse they can find to delay eviction.

Do serve a s.21 notice now.
Your legal costs may be claimed and it will be for the court to decide.

Once you have got rid of the tenant, I would suggest that you sell.

+1, absolutely! (Apart from the perhaps contempt-of-court remark about what judges do .. I'd agree some judges sometimes do surprising things, but not that sweeping statement: Sitting in court at housing possession claims day is instructive & sobering....)