PDA

View Full Version : Rent arrears- s.8 Notice (as well as s.21, already served)?



monty1964
22-04-2008, 11:43 AM
hi my tenants are 6 weeks behind with their rent I have served a section 21 notice they are on a periodic tenancy, do i or shall i send letters requesting the rent even though i know they will refuse to pay, does this help with my claim or is it irrelevant, also they were in the middle of having some work done which we were paying for, when we served notice, they haven't finished the work because of the notice, and neither have we because relations have completely broken down, can they get someone in and charge us, all of the work was at their request and we agreed, with the ageement that we would pay for materials and they covered the labour. can they use it against us, this is why they refuse to pay the rent, they feel they shouldn'y have had to pay while the work was being done, it took him many more weeks than agreed because they weren't staying there at the time (there choice again) they were housesitting elsewhere

jta
22-04-2008, 11:51 AM
You might get quicker results if you serve a S8 as well.

monty1964
22-04-2008, 12:47 PM
thanks for that i am in the process of putting together a section 8, just checking which grounds, it seems that 8, 10, 11 are common, but what about 1, we lived there previoulsy to renting it, so can i use this one, and also 16, tenant was working for us when we rented to him and rent taken out of his wages each week, no longer working for us so no rent paid so is 16 ok to use to

AndyT
22-04-2008, 12:59 PM
Are they on a 6 or 12 month AST, how far in are they.
Depending on the S8 grounds the outcome may be subject to judge discretion, if the tenant counterclaims it may drag process out longer.

Is everything in writing, or was this a verbal contract. If you take the s8 route and intend to use the discretionary grounds you have to show you've been reasonable and given adequate notice periods etc. If tenant 2 full months behind on rent you could try the appropriate s8 ground which is mandatory possession to the LL so tenant dosent get a look in. S8 can take 2 - 4 months for hearing after the notice period, then if required you might need bailiffs etc. If tenant pays up fully then they get to stay.

From bitter experience I suggest you go for any mandatory grounds to regain property and pursue the money via online claims or small claims court - if you not using s8.

Paul_f
22-04-2008, 20:44 PM
Ground 1 under S.8 is a pre-Notice served before the start of a tenancy, so if you haven't already served it then it's irrelevant

jeffrey
23-04-2008, 14:13 PM
Ground 1 under S.8 is a pre-Notice served before the start of a tenancy, so if you haven't already served it then it's irrelevant

...unless Court exercises discretion to waive requirement (which it has power to do).