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View Full Version : Arrears; landlord serving s.8/s.21. How evict tenant?



peterdo
31-03-2008, 15:01 PM
I have a tenant who is unable to pay their rent at present, and the future also looks pretty bleak. I have been advised that they will serve me the one months notice required (period tenancy), however, in order to keep myself right, I also wish to issue a S21, as I assume the tenant could revoke the notice at any point.

The tenancy commenced on the 18th of the month, which is also the rent payment day. If the notice was served as of Monday 7th April, would this require the date of expiry to state 17th June? (2 months notice required and on last day of rent period?)

For Section 8 notice, I will look to ground 8, 10 and 11. Would this be served upon the second month's payment not being received i.e. 18th April (no rent received in March)?

Many thanks in advance

Pete

LalaCem
31-03-2008, 15:50 PM
Hi Pete, Sorry to hear about your troubles..for S8, you can serve on 19th April on the grounds you mentioned.

S21 - I'll let someone else take this one.

peterdo
31-03-2008, 16:04 PM
Thanks LalaCem, would I be right in thinking the S8 would not be actioned until 2 weeks after the S21 expires?

Pete

jeffrey
31-03-2008, 16:08 PM
The tenancy commenced on the 18th of the month, which is also the rent payment day. If the notice was served as of Monday 7th April, would this require the date of expiry to state 17th June? (2 months notice required and on last day of rent period?)
The "two months + to end of rent period" formula applies only if Notice is under s.21(4)(a). Notice form depends on whether fixed term is still running or has already expired.
If term has already expired, s.21(4)(a) Notice served before 17 April will expire on 17 June as mentioned- so, next day, you can apply to Court.

peterdo
31-03-2008, 19:32 PM
Thanks Jeffrey, s.21 (4)(a) seems to be the correct one, term has expired and is running on a periodic basis.

Another quick question, does the address of the landlord (myself and partner) need to be an England & Wales address, can't remember where I read this but as I live in Scotland the last thing I would need is to get stung on a technicality?

Many thanks

Pete

jeffrey
01-04-2008, 09:11 AM
Thanks Jeffrey, s.21 (4)(a) seems to be the correct one, term has expired and is running on a periodic basis.

Another quick question, does the address of the landlord (myself and partner) need to be an England & Wales address, can't remember where I read this but as I live in Scotland the last thing I would need is to get stung on a technicality?

Many thanks

Pete
See s.47/48 of LTA 1987. In rent demands generally, and at least once after any change of L's address during Tenancy, L must give T Notice of an E&W address where T can serve any Notices. For this purpose, any E&W address is OK- so an agent's or relative's would suffice.

It's different under LTA 1985, where address (if demanded by T under s.1, or after any change of L's address during Tenancy) must be L's home or business address [s.38].

LalaCem
01-04-2008, 10:15 AM
Thanks LalaCem, would I be right in thinking the S8 would not be actioned until 2 weeks after the S21 expires?

Pete

Hi Pete. No I don't believe they would be linked. As far as I know you can take further action if by the expirey date of the S8 notice (2 weeks I believe) your T hasn't paid up.

peterdo
01-04-2008, 18:07 PM
Thanks Jeffrey, looks like my sister may be getting a phonecall!

LalaCem, excellent, that means come 14 days past the rent date I will be able to pursue eviction irrespective of the S21 waiting the 2 months, hopefully it doesn't get to that stage and T leaves quietly...

Many thanks again

Pete

peterdo
05-04-2008, 15:36 PM
If T fails to pay second months rent, I will serve a S8 as detailed above.

To lodge this with the courts, do I have to do this in person or can I go online?

Thanks

Pete

jeffrey
06-04-2008, 20:27 PM
If T fails to pay second months rent, I will serve a S8 as detailed above.

To lodge this with the courts, do I have to do this in person or can I go online?

Thanks

Pete

Neither. The s.8 Notice is what L serves on T. If T fails to comply, L then applies to Court.

peterdo
21-04-2008, 19:12 PM
I am in the process of completing the S8 notice and wish to use grounds 8, 10 and 11. The Housing Act states:

"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 thirteen weeks' rent is unpaid;
(b)if rent is payable monthly, at least three 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"

Therefore, would I actually need 3 months advance rent unpaid? Earlier posts suggest a S8 can be served upon 2 months rent becoming due...which is correct???

Thanks

Pete

House
21-04-2008, 20:45 PM
It's now 2 months. Can't remember off hand when it was changed and am to busy watching tv to look :) Don't worry though it is two months if paid monthly

jeffrey
21-04-2008, 23:07 PM
It's now 2 months. Can't remember off hand when it was changed and am to busy watching tv to look :) Don't worry though it is two months if paid monthly

Changed by s.101 of Housing Act 1996, effective in early 1997.

peterdo
22-04-2008, 18:28 PM
Jeffrey,

Do you know the exact wording, required under the S8 notice?

Thanks

Pete

Sportingdad
23-04-2008, 05:26 AM
and remember in future if you have decent/respectful property demand 6 weeks deposit and a guarantor

k300
05-05-2008, 22:50 PM
I have a related question,
if a tenant pays part of March (£100 out of £550), then pays all of April (£550), then pays none of May rent, when does the Section 8, ground 8 start from.
Is the £100 paid in March used pro rata?
For instance it amounts to 6 days and therefore the Section 8 can be issued on the 6th day after the 2nd months(May) rent isn't paid.

Thanks.

House
05-05-2008, 23:01 PM
Changed by s.101 of Housing Act 1996, effective in early 1997.

Ty Jeffrey

House
05-05-2008, 23:11 PM
If the rent is paid monthly which it sounds like it is then they will have two months unpaid rent when the rent is next due if they haven't caught up any arrears. You could therefore serve a ground 8 notice on the day that the rent is next due as then the tenant would have two months rent unpaid at the date of service. It's a shame for you that it's nearly three but I don't believe you can do anything about that.

If they are on LHA ask the LA to pay you directly if the tenant gets into 8 weeks of arrears.

k300
05-05-2008, 23:42 PM
thanks House, so in effect if the tenant pays a small part of the rent each month then it may never be classed as 2 months unpaid.

I should also have said that the £100 for March was actually only paid on 15th April. Does that make a difference, it makes it 6 weeks overdue.

So to clarify monthly rent is £550 to be paid 1st of the month and this is what she has paid :

March rent : only £100 paid on 15th April
April rent : £550 paid on 1st April
May rent : unpaid as of today

House
05-05-2008, 23:56 PM
[QUOTE=k300;73828]thanks House, so in effect if the tenant pays a small part of the rent each month then it may never be classed as 2 months unpaid.]

Nope that's not what I said. In your case to have two months rent unpaid the tenant needs to owe you £1100. At the moment he owes you £950 and will owe you £1500 on 1st June. This is over two months worth of rent unpaid so ground 8 time!

If he only paid you let's say £100 in June then he would still owe you £1400 which is over two months unpaid rent and would satisfy the first part of a ground 8 notice (that is two months unpaid rent if rent is paid monthly).

Maybe you're thinking of two seperate months completely unpaid which is incorrect. It just has to total two months worth.

Hope that is clearer but as it's time for my bed I don't hold any responsibility for the above ;)

k300
06-05-2008, 07:00 AM
got it, that makes sense, thanks House, hope you had a good nights kip :)

jeffrey
27-05-2008, 16:05 PM
If the rent is paid monthly which it sounds like it is then they will have two months unpaid rent when the rent is next due if they haven't caught up any arrears. You could therefore serve a ground 8 notice on the day that the rent is next due as then the tenant would have two months rent unpaid at the date of service. It's a shame for you that it's nearly three but I don't believe you can do anything about that.

If they are on LHA ask the LA to pay you directly if the tenant gets into 8 weeks of arrears.

NOTE: it's not "eight weeks' [=two months] arrears".
The Act uses the wording "two months' rent unpaid". As soon as M2's rent has fallen due and if it + M1's rent remain unpaid the very next day, there are then "two months' rent unpaid"- so L can serve s.8 Notice using g8 as well as g10/11.