Tenant vacating owing rent and giving little notice

[MR M]

Tenant signed a 6 month AST on 7th August 2007, so the tenancy is now periodic. Rent is £460pcm. He paid the first 2 months rent directly into my bank but payments have always been late, every month since.

This month, as of 7th March 2008, he has not paid any rent and yesterday evening, he advised me that a) he has not got the funds to pay what is currently outstanding and b) he intends to vacate the property tomorrow ie Friday 27th March 2008

I asked him for a forwarding address and he said that he did not have one yet. The only way I can contact him is via his mobile but it always diverts to voicemail, so I am reliant on him calling me back.

Can any posters advise me on the most appropriate course of action here:-

1) Am I entitled to one months notice and should this form part of the outstanding rental payment which is/would be due up until 25th April 2008 ie one month from ysterdays date or should I just write this off?
2) If I issue a Section 8, as the tenant is not in arrears by 2 months and never will be because he is vacating tomorrow, can I only state grounds 10 and 11 discretionary (not 8 mandatory)?

I have left him a message to meet him at the property tomorrow to pick up the keys. I don't want to kick the guy when he's down, so I am also considering suggesting to him that if he pays me £300 within say 2 weeks from tomorrow (He actually owes £332) then that will be the end of it, otherwise, I will have no alternative but to commence court proceedings. I don't think I will get the £300 though.

I would appreciate any advice on what I should give him tomorrow, by way of notices etc. or even just a letter of where we are upto including my offer, as I have a feeling that unless he gives me a legitimate forwarding address, I may end up never knowing where he has moved to and I assume that I cannot therefore bring a case for rent arrears, if I have no address for him?

I would appreciate any responses.

MR M

[MR M]

I am going to see the tenant today and would very much appreciate any advice concerning my original post.

MR M

[jeffrey]

Tenant signed a 6 month AST on 7th August 2007, so the tenancy is now periodic. Rent is £460pcm. He paid the first 2 months rent directly into my bank but payments have always been late, every month since.

This month, as of 7th March 2008, he has not paid any rent and yesterday evening, he advised me that a) he has not got the funds to pay what is currently outstanding and b) he intends to vacate the property tomorrow ie Friday 27th March 2008
...
1) Am I entitled to one months notice and should this form part of the outstanding rental payment which is/would be due up until 25th April 2008 ie one month from ysterdays date or should I just write this off?
2) If I issue a Section 8, as the tenant is not in arrears by 2 months and never will be because he is vacating tomorrow, can I only state grounds 10 and 11 discretionary (not 8 mandatory)?
1. Yes. Since tenancy is periodic, T can end it at one month's Notice.
2. If he does vacate and surrenders property to you, there's no real point in using s.8 If you serve, you can use g10 and g11 (if applicable).
3. You can sue T for the arrears, of course, but this is messy and probably pointless unless T has:
a. assets; and
b. a new address.

[MR M]

Thanks Jeffrey,


If he does vacate and surrenders property to you, there's no real point in using s.8

I know I mentioned that I am doubtful in obtaining the suggested £300 payment within 2 weeks but could you possibly expand on why there would be no real point in issuing a Section 8 notice to him today, when I go and see him?

[MR M]

I know I mentioned that I am doubtful in obtaining the suggested £300 payment within 2 weeks but could you possibly expand on why there would be no real point in issuing a Section 8 notice to him today, when I go and see him?

I originally thought that the s8 was a claim by the LL to have the tenant pay the arrears that he owed and that this could ultimately end in court proceedings if T didn't pay but, I have just read up a bit more on this and I think I now understand your comment.

Is the issue of a Section 8 notice under say grounds 10 and 11 purely a claim by the LL for possession due to rent arrears? ie if the court agreed with me, they would grant possession to me and would instruct T to vacate but they would not give any ruling for T to clear the outstanding rent arrears? Am I correct in my interpretation of this?

[jeffrey]

I originally thought that the s8 was a claim by the LL to have the tenant pay the arrears that he owed and that this could ultimately end in court proceedings if T didn't pay but, I have just read up a bit more on this and I think I now understand your comment.

Is the issue of a Section 8 notice under say grounds 10 and 11 purely a claim by the LL for possession due to rent arrears? ie if the court agreed with me, they would grant possession to me and would instruct T to vacate but they would not get involved at that stage with the outstanding rent arrears? Am I correct in my interpretation of this?
Yes. Section 8 Notice is headed "Notice seeking possession..." and it does not touch on rent arrears claim as such.

[MR M]

So what are my options for obtaining the outstanding rent arrears from T if, as of later on today, he has given up possession?

[jeffrey]

So what are my options for obtaining the outstanding rent arrears from T if, as of later on today, he has given up possession?
Not a lot. See paragraph 3 in my post #3.