PDA

View Full Version : Rent arrears 1 month or 2 month rent arrears , can landlord serve notice to quit.



tilley
04-10-2011, 16:20 PM
At what point can a landlord send you an eviction notice due to rent arrears ?

I have read conflicting advice on here, so here is a situation.

First 6 month ast passed.
Now on periodic tenancy.
Rent is payable monthly on the first of the month.

Is it one months arrears he can ask you to leave, or is it 2 months.

I have seen both 1 and 2 months quoted.

Thank you

Snorkerz
04-10-2011, 16:24 PM
It is 2 months unpaid.

Say rent is due on 1st of the month & you don't pay on 1st April. If you don't pay again on 1st May landlord can serve a section 8 notice (ground 8) on the 2nd.

HOWEVER. The landlord can send you an eviction notice (as you describe it) - a section 8 notice under ground 10 as soon as you owe even a penny.

jta
04-10-2011, 16:29 PM
At what point can a landlord send you an eviction notice due to rent arrears ?

I have read conflicting advice on here, so here is a situation.

First 6 month ast passed.
Now on periodic tenancy.
Rent is payable monthly on the first of the month.

Is it one months arrears he can ask you to leave, or is it 2 months.

I have seen both 1 and 2 months quoted.

Thank you

Neither, it is when two months are owed, and that is not the same as arrears.

To issue a S8g8,10 and 11 there needs to be two months unpaid, so if rent is not paid on the first month and then is missed on the due date of the second month, then that is two months unpaid, issue the S8 the following day.

The S8 will be valid providing two months are unpaid on the day of issue and on the day of the hearing.

tilley
04-10-2011, 16:38 PM
It is 2 months unpaid.
HOWEVER. The landlord can send you an eviction notice (as you describe it) - a section 8 notice under ground 10 as soon as you owe even a penny.

Thank you.

So if the rent is just short, and the shortage does not add up to 2 months rent, then he cant evict you.
This would be rent arrears, and not rent being unpaid.

So if rent is being paid every month on the first of every month, without fail, but the rent paid is below that requested, does he have to wait till the arears add up to the 2 monthly rent figure.

He wont do repairs, so am withholding rent, and he has been told 3 times and refused to answer 3 times, so I want to make sure my rent does not get behind by 2 months, by putting in extra, so it never gets to 2 months behind, till he starts doing the repairs.

I know people will tell me not to withhold rent, I am only withholding the increase, but need to top it up so i am never 2 months in arears.

does that sound right ?

( I have just previewed this and it does not fit on the screen, please let me know if words are missing on your screens )

Tilley

jta
04-10-2011, 16:47 PM
As soon as you start paying short or erratically the landlord can issue a S8 using grounds 10 and 11, he is not guaranteed to get a possession order with that. He can issue you a S21 which will give him a PO providing all the rules have been observed by him, he does not need a reason for that.

Ericthelobster
04-10-2011, 17:43 PM
I know people will tell me not to withhold rent, I am only withholding the increase, but need to top it up so i am never 2 months in arears.Yes they will tell you that; not because "we are all landlord here so what else would you expect" but because there are proper procedures to go through to sort out this problem, which doesn't immediately involve witholding rent. Two wrongs don't make a right; and also, by witholding rent, even only a portion, yes you are giving your landlord ammunition to get you evicted - albeit not mandatory until it reaches two months' worth, but do you want to risk it?

Snorkerz
04-10-2011, 21:39 PM
You mention that you are witholding the increase. By the sound of it, the landlrd has recently increased your rent.

Did you agree a new contact at the new rent?
Did your existing contract say the rent would go up?
Did your landlord increase the rent with a notice like this (http://www.legislation.gov.uk/uksi/2003/260/images/uksi_20030260_en_001)?
or did he just tell you it was going up?

daegu26
05-10-2011, 06:01 AM
As soon as you start paying short or erratically the landlord can issue a S8 using grounds 10 and 11, he is not guaranteed to get a possession order with that. He can issue you a S21 which will give him a PO providing all the rules have been observed by him, he does not need a reason for that.

Can I get further clarification on this point please? My T did not pay rent in July but then paid 100 pounds towards unpaid rent at the end of August. He did not pay any rent in September but paid rent in October. Both August's rent and October's rent were late. The due dates for his rent are on the 1st of each month. He is currently owing just under 2 months rent in total. Does this mean that I can serve him with a s8 notice under grounds 10 and 11? (I know these are discretionary grounds)

Ericthelobster
05-10-2011, 06:50 AM
Can I get further clarification on this point please? My T did not pay rent in July but then paid 100 pounds towards unpaid rent at the end of August. He did not pay any rent in September but paid rent in October. Both August's rent and October's rent were late. The due dates for his rent are on the 1st of each month. He is currently owing just under 2 months rent in total. Does this mean that I can serve him with a s8 notice under grounds 10 and 11? (I know these are discretionary grounds)Yes - see the 'sticky' post at the top of this forum. You should also serve an S21 notice as backup in any case, if you haven't already done so. How long until the end of the fixed term of your tenancy? You may be better off waiting until then, ie relying on mandatory S21 rather than discretionary S8.

daegu26
05-10-2011, 08:18 AM
Yes - see the 'sticky' post at the top of this forum. You should also serve an S21 notice as backup in any case, if you haven't already done so. How long until the end of the fixed term of your tenancy? You may be better off waiting until then, ie relying on mandatory S21 rather than discretionary S8.

The tenancy does not end until 31 March 2012, nearly 6 months (it's a 12 month ast), this is why I'm considering the s8 route. I gather it's a bit tricky with the discretionary grounds but I'm guessing there must be some instances when the judges give possession using them. At least I'm really hoping this is the case.