Can I serve a Section 8 notice now?

[firepool]

Ok thanks for the advice.

[mariner]

You can't stop T paying into your bank account if he has a/c details nor prevent a wad of notes being delivered to your address for service of notice prior to hearing. A predictable lose if Judge became aware o your attempts to prevent payment.
What grounds did you cite on s8? g8 only? With above T history discretionary g's 10 & 11 are likely to succeed.
Also did you serve a valid s21 as back up for future?

[thesaint]

Ok so I can't insist on cash.

If I do give the tenant my bank details (again) and they pay a cheque into my account the day before the court hearing, will the court throw the case out even though the cheque hadn't cleared?

You would then tell the judge what has happened with previous cheques, and ask that the hearing is adjourned.
I would expect that payment would need to be with cleared funds.

As you haven't even started the court process, it could be months before you get in front of a judge anyway.
The more bounced cheques between now and then, the better.

[firepool]

mariner - the tenant is asking for my details again so I think I'll send tenant a letter with my a/c details and quoting that they are in breach of contract if they don't pay by the means stated on the AST ('Bank Transfer').

I'm looking to serve the S8 latter part of next week, as after the notice expires the tenant will be 3 months in arrears and will need to pay off 1 month and a bit to bring the arrears below the mandatory.

I'm going to cite grounds 8, 10 and 11. And was going to look into also citing grounds 12, 14 and 17.

I'm not sure about serving a S21 yet as it's only 1 and half months into a 12 month contract. (I will only offer 6 month contracts after this).

thesaint - After giving the tenant my a/c details I'm sure they will still make attempts to pay by cheque so will probably get more bounced ones.

Thankyou

[firepool]

Hi,

As a landlord do I have to give the tenant a final arrears letter prior to issuing S8 notice?

And if so can I issue a S8 a couple of days after the final arrears?

(So far I have posted two arrears letters to the tenant).

[thesaint]

Hi,

As a landlord do I have to give the tenant a final arrears letter prior to issuing S8 notice?

And if so can I issue a S8 a couple of days after the final arrears?

(So far I have posted two arrears letters to the tenant).

What constitutes a "final" arrears letter?
The Section 8 is exactly that in my opinion.

There is no requirement for one, but if it has been some time since you wrote to them outlining their arrears, then it may be good practice to do so.

[Snorkerz]

No, the s8 notice is (in effect) their last chance - if they cough up, you don't have to follow through to the court process.

[firepool]

Ok, many thanks.

[firepool]

Hi

My tenant moved in on 10.3.12 on a 12 month AST, rent paid pcm, and has paid no rent at all. Could I have served a S8 notice on them on 10.4.12 as on that date 2 months rent was unpaid?

[thesaint]

Hi

My tenant moved in on 10.3.12 on a 12 month AST, rent paid pcm, and has paid no rent at all. Could I have served a S8 notice on them on 10.4.12 as on that date 2 months rent was unpaid?

I don't think it matters, but does your tenancy agreement state that you can bring proceedings against them for this breach?

Why did you let someone whom paid no rent move in? What is the reason they haven't paid?