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Tassotti
06-04-2006, 14:11 PM
Hi

I have performed a search for 'Section 8' and found much useful nformation.
However, I am still unclear about the issue of 2 months late payment.

Here is the situation :- Tenant rents a room in a shared house I own on a 12 month AST beginning 28th Nov, 2005.

Rent due monthly in advance payable on 28th month.

Last payment received 5th February for period 28th Jan - 27th Feb (late and not full amount)

No more rent received from this tenant to date (6th April) Various excuses given by tenant.

My question. Can I issue a Section 8 now, as 2 months rent are owing or do I have to wait until 27th April, as rent is paid up to 27th Feb.

Thanks in advance.

Tassotti

Energise
06-04-2006, 17:23 PM
Yes you can, the 2 months arrears is the amount £ rather than the period of time.

(I have assumed you are not a resident landlord.)

Paul_f
06-04-2006, 17:28 PM
It's not clear from what you have said, but if the "tenant" lives with you in the same house with shared facilities other than a bedroom then he's a lodger and the laws of landlord & tenant don't apply. You can kick him out when you like and without notice in effect, although you should give him a few days.

If you want to recover our money you will have to serve a summons on him through the small claims court as a debt.

If you don't live in the house then it's a mute point as to whether all the occupants in fact enjoy exclusive possession of the property jointly and severally. Separate AST's are not advisable under such circumstances, as it is difficult to prove dilapidations and negligence, and inventories under the circumstances are pretty worthless.

So, how do you deal with it? You can serve a S.8 Notice under Grounds 8,10 & 11 now as two months arrears became effective on 28 March, and issue court proceedings 14 days afterwards if you haven't been paid. Trouble is to use Ground 8 the tenant has to be in arrears by at least two months rent when you get to courtas well, and that's why you have Grounds 10 & 11 in reserve. The judge however can only allow 10 & 11 if he sees fit, as it's at his discretion whether you are given possession.

Tassotti
06-04-2006, 17:48 PM
Many thanks for the responses. I do not live in the house. I will serve a S.8 Notice under Grounds 8,10 & 11.

I am hoping that the threat of court will be enough to get the tenant to pay. On the other hand, I would be happier with the tenant out. Chasing late rent is not any fun, and I am sure more excuses will follow.

As the AST is for 12 months, and the tenant has broken the contract, what are my chances of receiving the rest of the rent from the tenant for the remaining period of the agreement?

Regards

Paul_f
06-04-2006, 18:11 PM
If you mean what I think you do - none!

Tassotti
15-04-2006, 02:35 AM
So, how do you deal with it? You can serve a S.8 Notice under Grounds 8,10 & 11 now as two months arrears became effective on 28 March, and issue court proceedings 14 days afterwards if you haven't been paid. Trouble is to use Ground 8 the tenant has to be in arrears by at least two months rent when you get to courtas well, and that's why you have Grounds 10 & 11 in reserve. The judge however can only allow 10 & 11 if he sees fit, as it's at his discretion whether you are given possession.

As the Section 8 is a notice for possession of the property, what happens if the tenant does actually vacate the property, but still owes rent?

Do I still apply for a court date using forms n5 and n119? If tenant has left with no forwarding address, how will this be implemented?