Submitting section 8 query

Sheik_yerbouti

Hi,

I am about to issue a section 8 notice for rent arrears. The tenant pays rent monthly in arrears and he owes me for September. They were due to pay rent today and it has not gone in to my bank, so by tomorrow he will be two months in arrears.

I have already issued a Section 21 which asks the tenant to move out on 22nd Feb.

My conundrum is : If the tenant does not pay his rent by tomorrow, will he technically be 2 months in arrears if he only has to pay pro-rata to 22nd of Feb as per the Section 21? My worry is that if it goes to court he could argue that the section 8 is invalid as he wasn’t 2 months in arrears as he only owed 3 weeks in Feb.

My thoughts are that, if I have to go to court then this likely will be in March / April so obviously the tenant will be in 2 months or over arrears.

theartfullodger

Does tenancy state rent payable in advance or in arrears? If it says nothing it defaults to arrears.


Yes, if payment missed it will be 2 months owing so s8g8,10& 11 (presumably you served s8g10 a month ago.


But if rent owing less than 2 months at court hearing g8 fails.


Easy for tenant to defend over repair issues

Sheik_yerbouti

Hi, thank you for the quick reply!

Tenancy states in arrears. There are no repair issues. In this situation do they owe 2 months rent tomorrow, or 1 month and 3 weeks as I have submitted a section 21 that expires 22nd Feb? A

babyblade41

It can be 2 months when issuing section 8 but if it falls below come court date unless rent arrears can be shown always to be late on numerous occasions then it will be thrown out
It's why to use section 8 is more difficult, section 21 is no fault
I issued both but it was section 8 that was initially sought after
You have to get the date of issuing correct so check dates on the contract

G_M

Serving a S21 does not end the tenancy, so he owes the full months rent.


the tenancy only ends if either he voluntarily leaves, or a court orders him to leave.

Comms69

Sheik_yerbouti wrote: »

Hi,

I am about to issue a section 8 notice for rent arrears. The tenant pays rent monthly in arrears and he owes me for September. They were due to pay rent today and it has not gone in to my bank, so by tomorrow he will be two months in arrears.

I have already issued a Section 21 which asks the tenant to move out on 22nd Feb. - no it doesn't.

My conundrum is : If the tenant does not pay his rent by tomorrow, will he technically be 2 months in arrears if he only has to pay pro-rata to 22nd of Feb as per the Section 21? My worry is that if it goes to court he could argue that the section 8 is invalid as he wasn’t 2 months in arrears as he only owed 3 weeks in Feb. - given that you're s.21 expires in 3 weeks, why bother with s.8?

My thoughts are that, if I have to go to court then this likely will be in March / April so obviously the tenant will be in 2 months or over arrears.

absolutely, but a s.21 is a 'no reason' eviction. so just stick with that

theartfullodger

Sheik_yerbouti wrote: »

......

My thoughts are that, if I have to go to court then this likely will be in March / April so obviously the tenant will be in 2 months or over arrears.

March/April? Nah, these are the likely timescales
https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/how_long_a_section_21_eviction_takes
- more likely April/May or later


Serve s8g8,10 anyway after today if only so council know they are in arrears and are thus "intentionally homeless" and all that that means (less help..)


For s8g8 it is 2 months unpaid - not owing, not arrears, unpaid- see
http://www.legislation.gov.uk/ukpga/1988/50/schedule/2/part/I/crossheading/ground-8