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Oct, 2014

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  1. #1

    Default Tenant in arrears and damaging property- serve Notices?

    I have a tenant is my 2 bed house, hasn't paid 2 months rent and is knowingly damaging my house. (there was a leak in the bathroom, plumber had to go in fix the leak, redo all the tiling, told the tenant not to use the shower till it's dried etc - wait a few days) plumber has gone back in, tenant is using the shower, lounge ceiling is about to fall in.

    Presently the Managing Agent is sending all the usual letters in the normal manner to ask the tenant to pay the rent.

    My question: if a tenant is knowingly/carelessly damaging my house is there anything my agent can do, that will 'fast track' him leaving the house?

    Feeling quite helpless, wouldn't mind so much if he was just not paying the rent.
    Thanks for reading, hope to hear from you
    brgds
    Alex

  2. #2
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    If he is 2 month in arrears, agent can issue Section 8 notice under grounds 8, 10 and 11.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

  3. #3
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    Quote Originally Posted by MrShed View Post
    If he is 2 month in arrears, agent can issue Section 8 notice under grounds 8, 10 and 11.
    Better worded as:
    If two months' rent (or more) is unpaid, landlord can issue...
    (because 'arrears' is wrong; and it's L in whose name the Notice is issued)
    PLUS use grounds 12 (T breaking a non-rent obligation) and 13 (T damaging house).
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  4. #4
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    Lol jeffrey hush

    Can you clarify the difference between "unpaid rent" and "arrears" in this case jeffrey?

    Do you mean because tenancies ordinarily require payment in advance rather than in arrears?
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

  5. #5
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    Quote Originally Posted by MrShed View Post
    Lol jeffrey hush

    Can you clarify the difference between "unpaid rent" and "arrears" in this case jeffrey?

    Do you mean because tenancies ordinarily require payment in advance rather than in arrears?
    No. Instead, it concerns the precise difference in wording within ground 8.
    WEEKLY/FORTNIGHTLY/MONTHLY: wording is "at least [8 weeks'/2months'] rent is unpaid".
    QUARTERLY/YEARLY: wording is "at least [one quarter's/three months'] rent is more than three months in arrears".
    The word "rent" is defined as "rent lawfully due from the tenant." I therefore consider that rent is unpaid as soon as the payment day has come and gone without payment being made.
    Example
    Rent due on 1st of each month, monthly in advance.
    Nothing paid on 1 August.
    Nothing paid on 1 September.
    Rent is two months' unpaid on 2 September.
    Rent is two months in arrears on 1 October.
    Rent is more than two months in arrears on 2 October.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  6. #6
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    Cheers!!
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

  7. #7

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    Thanks everyone, i remain confused though, are you saying there is anything i can do?

    From the Agent (22 September 2008):
    As it stands the tenants owes 2 months rent, arrears 1 was sent to him at the end of August, arrears 2 followed 10/09/08, we then served section 8 (for rent arrears) during a home visit on the 15th September, followed by arrears 3 on the 16th. We are due to send him arrears 4 today, (this letter advises him Section 8 has been served and that he has approximately 1 week to pay the arrears, to avoid you taking legal action against him). Unfortunately I have not been able to contact the tenant by telephone.

    brgds
    Alex

  8. #8
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    The Agents seem to have it all in hand. Two weeks after service of s.8 Notice, you (L) can begin proceedings.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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