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bsx043
08-03-2010, 19:29 PM
Sorry for the long post but I need to make sure that I am doing things correctly on the s8 and s21 notices.

Long story here about my experience with evicting a problem tenant.
http://www.landlordzone.co.uk/forums/showthread.php?t=26660

Previous s21 invalid because agent did not protect T’s deposit since renewal of first AST after April 2007. Tenancy is now periodic.

Both s8 and s21 are effective from 15th March, 2010, with s21(4)a expiring on 14 May 2010, 15th being also the due date for monthly rent and 14th being the expiry date of the previous fixed term ASTs. Hoping to post them both (with proof of postage) by 12th March.

T has been very irregular on payments, and has not paid anything for the past few weeks. Problems have loomed since last summer and agent has been sloppy letting things get out of control. I don’t have the precise figures (yet). I am assuming that any rent paid since October is applied to the clear outstanding debt first.

Using grounds 8, 10 and 11:

Ground 8
As of 15 Feb 2010 arrears of rent total £XXXX.00, constituting over 4 months arrears. This continues to increase at a daily rate of £XX.XX.

Ground 10
No rent has been paid since XX/2/2010. Rent due and unpaid at the date of this notice i.e.
DUE DATE AMOUNT DUE RECEIVED AMOUNT OVERDUE
15/10/09 £XX00 £XX0 £XX0
15/11/09 £XX00 £0 £XX00
15/12/09 £XX00 £0 £XX00
15/01/10 £XX00 £0 £XX00
15/02/10 £XX00 £0 £XX00

DO I need to have precise amounts received each month?
On 15/03/10 another monthly due should be included?

Ground 11
Since October 2010 the tenant has not paid monthly rent due on time. Payments made since have been applied to clear the oldest debt outstanding.

Actually the tenant has not been paying regularly for a long time.

Is there anything to add or correct?

bsx043
09-03-2010, 08:58 AM
Hopign that someone could comment on the draft of my s.8 grounds 8, 10, 11. I am also hoping to attach a covering letter to summarise attempts to recover the rent so that it could help in my claim for possession.

Any advice appreciated, thanks.

havensRus
09-03-2010, 10:08 AM
Using grounds 8, 10 and 11:

Ground 8
As of 15 Feb 2010 arrears of rent total £XXXX.00, constituting over 4 months arrears. This continues to increase at a daily rate of £XX.XX.

OK, but you should start with: "rent is payable monthly, and at least two months rent is unpaid." As of 15feb...etc.etc.



Ground 10
No rent has been paid since XX/2/2010. Rent due and unpaid at the date of this notice i.e.
DUE DATE AMOUNT DUE RECEIVED AMOUNT OVERDUE
15/10/09 £XX00 £XX0 £XX0
15/11/09 £XX00 £0 £XX00
15/12/09 £XX00 £0 £XX00
15/01/10 £XX00 £0 £XX00
15/02/10 £XX00 £0 £XX00

DO I need to have precise amounts received each month?
On 15/03/10 another monthly due should be included?

No, you don't necessarily need to give a schedule at this point. Again start with:"Some rent lawfully due from the Tenant is unpaid". Then continue with" No rent has been paid since XX/2/2010. Rent due and unpaid at the date of this notice is £(amount outstanding).



Ground 11
Since October 2010 the tenant has not paid monthly rent due on time. Payments made since have been applied to clear the oldest debt outstanding.

Actually the tenant has not been paying regularly for a long time.

Simply state:
Since October 2009 , the Tenant has persistently delayed paying rent which has become lawfully due.

HTH

bsx043
10-03-2010, 07:20 AM
havensRus, just need a bit of further help on completing the S.8 notice, thanks. The notice is now dated 16th March, 2010 with 14 days expiring on 30th March, 2010. This allows me to add another monthly rent which falls due on 15th March.
GROUND 8
Rent is payable monthly, and at least two months rent is unpaid. As of 15 Mar 2010 arrears of rent total £5610.00, constituting over 5 months arrears. This continues to increase at a daily rate of £36.16.

GROUND 10
Some rent lawfully due from the tenant is unpaid. No rent has been paid since 25/10/2009. Rent due and unpaid at the date of this notice is £5610.00

GROUND 11
Since October 2009 the tenant has persistently delayed paying rent which has become lawfully due.

I am not sure about the date entered in Ground 10. The agent received a small payment on 8th March (hardly a quarter of the monthly rent) which accounts for the previous rent arrears, and therefore rent unpaid is outstanding since 25/10/2009. Am I correct?

bsx043
15-03-2010, 10:30 AM
Just bumping up my previousl thread to seek some quick advice on whether I have got my facts right on the S.8 grounds stated below.

I have been aided by Winchester and havensRus on this before, but I fear that I may have got my facts wrong on the S.8 notice and wonder whether I need to serve that notice again. I had been working on limited facts and therefore the wording is brief on the following grounds:

GROUND 8
Rent is payable monthly, and at least two months rent is unpaid. As of 15 Mar 2010 arrears of rent total £5610.00, constituting over 5 months arrears. This continues to increase at a daily rate of £36.16.

GROUND 10
Some rent lawfully due from the tenant is unpaid. No rent has been paid since 12/10/2009. Rent due and unpaid at the date of this notice is £5610.00

GROUND 11
Since October 2009 the tenant has persistently delayed paying rent which has become lawfully due.

Now, as I mentioned in my post above, the tenant did make a small payment on 8th March 2010 which in fact accounts for the previous unpaid rent outstanding since last October, and therefore rent unpaid is actually outstanding since 12/10/2009. Am I correct in what I have stated on Ground 10?

The reality is that I have already now posted both S.8 and S.21 notices separately from two different post offices on 11/3/2010 and 12/3/2010, with proof of posting obtained. Another one is to be delivered by my agent today, 15/3/2010, the effective date of the S.21(4)(a).

S.8 notice is effective from 16th March 2010, stating that court proceedings will not begin after 30 March 2010. My concern is, if I have got the facts wrong at this stage especially on Ground 10, whether it will have implications later on.

I would appreciate some advice on this, because after two weeks I will be making the court application and want to make sure that I am not inconsistent on the facts.

havensRus
15-03-2010, 12:05 PM
GROUND 10
Some rent lawfully due from the tenant is unpaid. No rent has been paid since 12/10/2009. Rent due and unpaid at the date of this notice is £5610.00


Now, as I mentioned in my post above, the tenant did make a small payment on 8th March 2010 which in fact accounts for the previous unpaid rent outstanding since last October, and therefore rent unpaid is actually outstanding since 12/10/2009. Am I correct in what I have stated on Ground 10?

The reality is that I have already now posted both S.8 and S.21 notices separately from two different post offices on 11/3/2010 and 12/3/2010, with proof of posting obtained. Another one is to be delivered by my agent today, 15/3/2010, the effective date of the S.21(4)(a).

S.8 notice is effective from 16th March 2010, stating that court proceedings will not begin after 30 March 2010. My concern is, if I have got the facts wrong at this stage especially on Ground 10, whether it will have implications later on.


Statements above are OK. A token payment does not negate anything you've put down already.

If and when it comes to court, provide a Witness Pack with all the relevant information to include any and all payments made to date etc.etc.

Sorry, didn't pick up the post #4. Next time, PM me if you don't get a response to a specific query directed to me.

bsx043
15-03-2010, 12:09 PM
Thank you, havensRus, for your help and advice.