PDA

View Full Version : hypothetical situation: tenants exploiting the law?



slyrubies
02-11-2005, 15:29 PM
if tenants decided to not pay for a month and then always pay say a month behind, so they are permenantly at least a month behind in rent, is there anything you can do about it?

I imagine you cannot serve a section 8 as they are never actually far enough behind in their payments. So basically they have achieved taking back their deposit by force.... is there any other route (legal route) available to try get them back on time?

thanks again

MrShed
02-11-2005, 15:44 PM
I believe there is a discretionary Section 8 ground regarding consistently late payment. Hang on I shall try and find the thread :D

MrShed
02-11-2005, 15:46 PM
From the desk of MrWoof:


MrShed,

a. Non Payment of Rent.

For rent arrears, the landlord is relying on either one or a combination of grounds 8, 10 and 11.

o Ground 8: that the tenant owed at least two months' rent (in the case of a monthly tenancy) both when the landlord served notice that he wanted possession and still owes two months' rent at the date of the court hearing. If the rent is payable weekly, quarterly or yearly the ground requires that there are rent arrears of eight weeks, three months and six months respectively.
o Ground 10: that the tenant was behind with his rent when the landlord served notice that he wanted possession, and when he began court proceedings
o Ground 11: that, even if the tenant was not behind with his rent when the landlord started possession proceedings, he has been persistently behind with his rent.

(This is a summary - the full wording of each Ground is given in The Housing Act 1988).

PaulF
02-11-2005, 15:49 PM
Don't get confused. A Section 8 Notice is one that is served to end a tenancy other than a S.21; the 17 Grounds within the Section are the ones used on which you go to court. Discretionary Grounds 10 & 11 are the ones you are looking for concerning late rent or some rent in arrears. Mandatory Ground 8 is the one where the tenant is in 2 months arrears!.