We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
Tenant Advised not to pay rent!
Comments
-
Nearly_Legal wrote: »However, it is not true that you will get an eviction order if you are two months behind. The process is s.8 Notice, then possession hearing (at which you must also be two months behind) then, if the possession order is granted, the LL must get a warrant of eviction from the court.
If a tenant pays some of the two months rent arrears before the possession hearing (and after the section 8 has been issued) can the section 8 still be upheld in court?RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
Read the sticky on the House Buying, Renting & Selling board.0 -
moneysavinmonkey wrote: »Thanks for providing the links.. although they all relate to county court proceedings generally -doesn't really help us establish whether a counterclaim for damages would be allowable/considered in eviction proceedings.
Yes it will - according to Landlordzone
Their suggestion is to use section 8 if you want the money - albeit with the possibility of a deduction if they successfully counterclaim for compo, for poor repair. They also suggest that if you want them out - then s21 is the way to go. It takes longer, but is not muddled by the money issue and there is a greater certaincy that you will get possession.
If you read that article, they actually suggest that you issue both notices!Warning ..... I'm a peri-menopausal axe-wielding maniac
0 -
MissMoneypenny wrote: »If a tenant pays some of the two months rent arrears before the possession hearing (and after the section 8 has been issued) can the section 8 still be upheld in court?
No - they have to be [STRIKE]MORE THAN[/STRIKE] Edit: at least 2 months in arrears on the hearing date itself.
[STRIKE]
Note - "more than" two months in arrears so, in practice, that would be three months.
[/STRIKE]
Edit: Checking the Housing Act 1988 (as amended by Housing Act 1996), it specifies that a section 8 notice can only be issued where the rent is at least two months in arrears.Warning ..... I'm a peri-menopausal axe-wielding maniac0 -
Debt_Free_Chick wrote: »No - they have to be MORE THAN 2 months in arrears on the hearing date itself.
Note - "more than" two months in arrears so, in practice, that would be three months.
or 2months and a bit of interest???0 -
I work as an adviser at the CAB and there is no way me and my collegues would advise our clients to withold rent. When we discuss the client's options, we will discuss withholding rent, but will emphasise that it is a bad idea.0
-
moneysavinmonkey wrote: »or 2months and a bit of interest???
Nope -Rent is defined as the rent lawfully due from the tenant, so it would be the amount in the agreement.
Checking the Housing Act 1988, however ..... there simply needs to be at least 2 months in arrears. Not, as I thought, more than 2 months in arrears.
If you look at the HA1988 you'll see a reference to "at least three months in arrears". This was reduced to two months by the HA1996Warning ..... I'm a peri-menopausal axe-wielding maniac0 -
it has always been my understanding that "two months rent" can actually equal 32 days
rent due january 1st - not paid
rent due feb 1st not paid
tenants now 2 months rent in arrears0 -
it has always been my understanding that "two months rent" can actually equal 32 days
rent due january 1st - not paid
rent due feb 1st not paid
tenants now 2 months rent in arrears
Yes - if the tenants pay monthly.
But if they pay weekly, you'd have to wait 8 - 9 weeks for them to be 2 months overdue.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 354.1K Banking & Borrowing
- 254.3K Reduce Debt & Boost Income
- 455.3K Spending & Discounts
- 247.1K Work, Benefits & Business
- 603.7K Mortgages, Homes & Bills
- 178.3K Life & Family
- 261.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.7K Read-Only Boards