View Full Version : Tenant is 7 weeks in arrears - Section 8 OR 21
14-12-2011, 20:40 PM
My parent's tenant has not paid 7 weeks rent even after receiving this from Housing Benefit.
Just give you some background my parents fell for the tenant's sob story and agreed a tenancy without any deposit or any rent.
Although we are now getting payment directly from the Local Authority, the tenant has made our lives hell. She makes promises of payment, and my father who suffers from diabetes and kidney problems makes a special trip everytime to collect rent, but she makes a new excuse everytime or doesn't answer the door.
I have experience of using ground 8 of the section 8 notice, but what would be the most effective to seek possession of the property when less than 8 weeks?
14-12-2011, 21:05 PM
Is the tenant still in their fixed term? Does the housing benefit cover the full rent? Has an s21 notice already been served? Does the tenancy agreement state that section 8 grounds 8, 10 or 11 can be used?
14-12-2011, 21:25 PM
Thank you for your prompt response.
She is currently with her shorthold tenancy agreement which expires in Feb 2012.
Also her rent was agreed at £110 per week but Council only pay £96. The difference of £14 per week is trivial at this stage, however does this matter in this case?
No notice has been served, I was under the impression she was 8 weeks in arrears, but realised the council made a payment when she was 7 weeks in arrears.
Grounds for eviction have not been stated in the tenancy agreement.
14-12-2011, 21:55 PM
You should serve a section 21(1)(b) notice now to expire at the end of the fixed term.
You can also serve a section 8 (ground 10 & 11) notice but it can not result in possession before the end of the fixed term.
You should know the result of the section 8 before the end of the fixed term, and should it be unsuccessful, you will be in a position to commence a s21 claim the day after the fixed term ends - which should give a possession date aroun 6 weeks after the end of the fixed term.
Just an FYI, section 8 for weekly tenancies depends on how much unpaid rent there is - arrears only apply to tenancies with much longer rent periods.
15-12-2011, 21:03 PM
What would the position be as OP stated that the reasons for eviction are not in tenancy agreement?
15-12-2011, 23:01 PM
What would the position be as OP stated that the reasons for eviction are not in tenancy agreement?If the ground is mentioned on the AST then a judge can order possession before the end of the fixed term. If not, the earliest date possession can be ordered is at the end of the tenancy.
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