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Evergreen
02-03-2010, 18:04 PM
hey all

hope all is good on the L Zone!

quick q

i took on a housing benefit tenant one month ago - he's on a 6 month contract

the council wont pay his rent, i've just found out, as he's working

so he's one months in arrears already and refuses to pay any rent

he's actually boasted 'i dont need to pay rent, i know the tenancy laws', with a smug face - i withdrew coolly from the conversation without response, with landlord zone entering my mind as the way forward in winning this battle...

am i right in saying that if another month passes with no rent payments i can commence s8 proceedings?

can i give 14 days notice in 6 weeks, so that it expires on the 8 weeks arrears date? or do i need to give notice exactly on the 8 weeks arrears date?

another day, another battle...

P.Pilcher
02-03-2010, 18:11 PM
You can start your section 8 proceedure now! The act states that this can commence when two months rent is unpaid. So, provided your AST requires monthly rent payment in advance, he is two months unpaid when he is a day late in making his second monthly payment.

P.P.

Evergreen
02-03-2010, 18:32 PM
thanks PP

the contract states 'payments to be made in advance every 4 weeks, starting on the 8th feb 2010'

shall i start the procedure on the 9th march 2010?

and by starting the procedure do you mean give 14 days notice when he is a day late?

havensRus
02-03-2010, 19:59 PM
and by starting the procedure do you mean give 14 days notice when he is a day late?

Yes, issue the S8 when the day after the second (4-weekly) payment is missed. allow 48 hours for posting (=16 days total notice period), after which you then apply to court for a hearing. Use PCOL (https://www.possessionclaim.gov.uk/pcol/HomePage.do). Its quicker.

westminster
02-03-2010, 20:02 PM
See
http://www.letlink.co.uk/letting-factsheets/factsheets/factsheet-8-claims-for-possession-the-section-8-notice.html

I think PP means start the procedure as in serve the s.8 notice. You can start it when 8 weeks' rent is owing and unpaid.

Then after the 14 days, you can apply to the court for possession. Then you'll get a hearing date, etc.

Good news is T is employed so you can ultimately enforce a CCJ via an attachment of earnings.

What I don't quite understand is how you ended up with a tenant who apparently paid no rent in advance (or a deposit)? And didn't you get references...?

Snorkerz
02-03-2010, 21:07 PM
Its quicker.And cheaper :)

Evergreen
03-03-2010, 08:41 AM
i housed the guy from a homeless organisation, so i assumed housing benefit would pay due to this, they pay in arrears, so no rent/deposit was taken (lesson learnt, wont be doing this again)

may he get a CCJ to his name if he doesnt have a job and no earnings?

i guess using PCOL is straightforward right?

SALL
03-03-2010, 09:43 AM
may he get a CCJ to his name if he doesnt have a job and no earnings?


He will still get a CCJ, only problem would be that you will be unable to get any money out of him.

pjb0150
03-03-2010, 10:03 AM
its called being nieve and good willed i expect --i suffered from that malady as well to great cost --never again .

check this out to be sure but i have read that section 8 grounds 8 needs to be 2 months in arrears at time of court hearing to be mandatory put back in your possesion .
if he pays a bit on the day of court i have read judge may not enforce ground 8

i made the mistake of not taping every conversation with him or have witnesses present ...often you mobile phone has avoice recorder on it .
get him out ...asap
best of luck

jeffrey
03-03-2010, 11:25 AM
In the s.8 Notice, use grounds 8/10/11.
The fact that T received/sought HB/LHA is irrelevant. T's obliged to pay rent no matter how it's funded.

Evergreen
09-03-2010, 11:57 AM
hi all

i'm just writing the letter giving the tenant 16 days notice

what wording should i include in this letter?

should i mention grounds 8/10/11 on thsi letter? or should i mention these grounds on the claim form?

havensRus
09-03-2010, 13:16 PM
you are duplicating your questions. do try and keep one thread going about same topic.
see my reply, post #8 in this thread (http://www.landlordzone.co.uk/forums/showthread.php?t=26748).