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Notice period on periodic tenancy

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Comments

  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 31 August 2022 at 10:26PM
    You cannot use an S8 for rent arrears until the tenant is 2 months in arrears. And, as soon as you reduce the deficit to less than 2 months, it would fail.
    You don't seem to grasp that failure to provide a GSC is a criminal offence, with an unlimited fine and potentially a custodial sentence. Failure to provide an EICR is a fine up to £30,000. If he says he will only supply them if you agree a rent increase, you can say that you will report him. The potential fines he is facing, and the inability to gain a possession order, would be far more important than a rent increase.
    If he supplies them and then tries to increase the rent, you can report the historical offence. 
    You hold all the cards here if you want to use them. 
    No free lunch, and no free laptop ;)
  • MEM62
    MEM62 Posts: 5,373 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Hypothetical question but what would happen if he says okay he will complete the eicr and gas safety but will increase the rent £100 per month to cover it?
    If i refuse the rent increase, and continue paying the agreed amount would he still need to use the section 21 process or would there be a quicker process for 'unpaid rent' due to the requested increase?
    You are missing the point that you have your landlord over a huge metaphorical barrel.  A few phone calls from you and he is in deep and very expensive trouble.  Not only does he not have the upper hand here - he has no hand at all!   
  • theartfullodger
    theartfullodger Posts: 15,781 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 1 September 2022 at 12:24PM
    macman said:
    You cannot use an S8 for rent arrears until the tenant is 2 months in arrears. ...
    Piffle.  

    S8g10 may be validly served if only 1p is underpaid for only 1 day.

    A very cheap and easy way to send a message and start process, building up evidence for court.

    But court only when at least 2 months unpaid.

    NB read the wording of arrears /owing, rent frequency in the Act.  Mildly interesting (eg no s8g8 possible if rent payable 4-weekly. see..
    HA 1988 Schedule 2 - 8
    https://www.legislation.gov.uk/ukpga/1988/50/schedule/2/part/I/crossheading/ground-8

    ...
    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 [F1eight weeks’] rent is unpaid;
    (b)if rent is payable monthly, at least [F2two 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.

    ...

    I am of the view that it's odd that for some payable periods it's "unpaid" and for others "in arrears": Anyone on what the difference is please??
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