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sandmonster
27-02-2010, 10:07 AM
My tenant is under an S21 which is due to expire April 10. But she is trying to be difficult and am sure will try and stay there for free as long as it takes until the bailiffs come. Her rent is due monthly in advance on the 1st, and she has not paid this months rent, given no reason and is just not responding to requests by email. Her rent for March will be due in a few days. On which date can I issue her an S8 ? Would the S8 be any faster than the worse case scenario for the S21 in this case ?

havensRus
27-02-2010, 10:15 AM
1. Is tenancy in England and Wales ?
2. what date did AST start ?
3. what was the initial term ?
4. is current AST the only agreement signed ?
5. what is the rent ? and is it monthly/weekly stated in AST?
6. was a deposit taken ?
7. if so was it registered ?
8. what date was S21 issued ?
9. which was issued S21(1)(b) or S21(4)(a) ?

Assuming tenancy is in E&W, and without knowing the answers to the above...

1. if February rent say is due on 10th February, and she didn't pay, and march is due on 10th March and she doesn't pay, then on 11th march you can issue a S8 notice on grounds 8, 10, 11.

2. The S8 notice will give her 14 days to pay up (up to 26th march including 48 hours for posting).

3. If she still doesn't pay, on 27th March apply for court hearing online PCOL (https://www.possessionclaim.gov.uk/pcol/HomePage.do), and you should get a hearing date within 4-6 weeks from date of application.

4. If she pays down arrears to less than 2 months on date of court hearing, you may not get possession.

5. Assuming you've issued S21 correctly (is it 21(1)(b) or 21(4)(a)?), if you waited until 11th April and request possession, assuming she does not defend it, you could get possession order in about 5-8 weeks from date of application.

At least with S21, its a no fault, and you are guaranteed to get the property back. With S8, she could still pay it down, or claim disrepair or various other delaying tactics.

However, if you give the answers, you might get a fuller reply

sandmonster
27-02-2010, 11:17 AM
Thanks HavenR,

Tenancy is in England and AST started June 9 last year for 6 months. Its lapsed to periodic now. Its the only agreement. AST states rent is 600/month due on 1st of each month, paid monthly in advance ( she paid pro-rata in the first month on 9th June, but has been paying on 1st ever since as per AST agreement ). 1 month Deposit taken and registered at start of tenancy. S21 (4a) was issued on Jan 27th. Expires 10th April.

So I presume I can serve S8 on March 2nd by hand. She has to then pay up by March 16th, else I can apply via PCOL. Sounds like a much faster route if she is intent in trying to stay there for free as long as possible.

I would not put it past her to pay £1 just to nullify the S8 for another month. She has the ability to pay so would that loophole work ? I guess I would then issue another S8 on April 2nd. The S21 should kick in on 10th April but as it takes so long, the S8 would put the pressure on her to stop messing me around and keep the debts to a minimum I suppose.

westminster
27-02-2010, 20:39 PM
Tenancy is in England and AST started June 9 last year for 6 months.

So, the last day of the fixed term was 8th December 2009?

You can serve s.8 by hand, but you'll need a witness. Use grounds 8, 10 & 11. See
http://www.letlink.co.uk/letting-factsheets/factsheets/factsheet-8-claims-for-possession-the-section-8-notice.html

sandmonster
28-02-2010, 19:28 PM
Sorry, I meant 6 months from 10th June. Last day of fixed term was 9th December 2009.
Thanks for the link.