Lapsed Tenancy - Trying to evict a tenant

**michaelr** · 07-06-2010 08:59 AM

HI, i have forgot to renew a tenancy & now need to evict the tenant because of 12 weeks arrears?
can i serve a section 8?
does any one know?

**jeffrey** · 07-06-2010 09:44 AM

What does the Letting Agreement state about rent payment- what frequency? Is rent payable weekly (and, if so, did you provide a Rent Book)?

**michaelr** · 07-06-2010 10:37 AM

Originally Posted by jeffrey

What does the Letting Agreement state about rent payment- what frequency? Is rent payable weekly (and, if so, did you provide a Rent Book)?

thanks,they are housing benefit tenants, the housing benefit is paid direct because of the arrears, this has now been stopped because his circumstances have changed.
the tenacy agreement states rent due monthly, i have provided a statement to the tenant showing the arrears .

**jeffrey** · 07-06-2010 10:45 AM

If Letting Agreement demands rent monthly in advance (which is almost always the case), that's what T is obliged to pay; HB dates are irrelevant.
Forget 'twelve weeks'. Does T owe at least two months' rent? If so, serve s.8 Notice (grounds 8/10/11). Two weeks later, begin proceedings.