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Thread: Rent Arrears

  1. #1
    Join Date
    Jun 2011
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    Spain
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    Default Rent Arrears

    Could anyone advice, Our tenant is on a periodic tenancy agreement but is behind with the rent she as been behind with the payments on and off for some time and we never know when she will pay. . The rent date per month is the 14th of each month. We issued a S21 to her on the 11th of May requesting she leave the property on the 14th July. On the 14th of may the teant would have been two months in arrears but paid £70 off her arrears on the 8th of May which meant that she was not quite two months in arrears on the 14th May. Since the 14th we have not received any more payments and I doubt she will pay anymore. She has achnowledged receipt of the S21. Can any one let me know when calculating arrears must they run from actual rent due date (ie 14th of each month) Should I just let it roll on to the 14th July and then issue a S8 and claim all arrears then.

  2. #2
    Join Date
    Feb 2014
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    Midlands
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    Default

    The tenant has to owe two month's rent to meet mandatory ground 10 when the notice is served and one the date of the hearing - so as soon as they owe that amount, you could serve notice.

    Assuming the s21 notice is valid and correct, you may find it easier to repossess with that than using the section 8 notice.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

  3. #3
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    Quote Originally Posted by jpkeates View Post
    The tenant has to owe two month's rent to meet mandatory ground 10 when the notice is served and one the date of the hearing
    Two month's rent owing is ground 8.

  4. #4
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    Apr 2017
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    Gloucester
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    Default

    May I ask why you are not proceeding with a Possession Order using the S21 already in process? Are you wanting the tenant evicted? Is there any real likelihood of you getting the arrears if you pursue them? Using a S8 is risky if relying on arrears especially if they are only 2 months in arrears as if they know the system they will know that they only have to be a pound under 2 months arrears for the case not to proceed. It is my understanding that for a S8 to proceed using only Ground 8 that the tenant must be at least 2 months in arrears both on the date the S8 is served and also on the date of the court hearing. A S8 claim also means a guaranteed court hearing where tenants can use their free legal representation to come up with spurious counter claims. Alternatively you could proceed with the S21 to get possession and then submit a separate Money Claim if you want to try to recover arrears. A S21 process, as long as all your paperwork is in order and there have been no maintenance issues, usually proceeds without a court hearing and is generally quicker. Good Luck

  5. #5
    Join Date
    Mar 2009
    Posts
    16,475

    Default

    I'm in a small minority but I favour issuing s8s if only a little owing to "prompt" tenant to behave.


    8 weeks/2months is G8

    To calculate what is the rent arrears read the act..
    http://www.legislation.gov.uk/ukpga/...ading/ground-8
    &
    http://www.legislation.gov.uk/ukpga/...ding/ground-10
    &
    http://www.legislation.gov.uk/ukpga/...ding/ground-11

    I agree, go with s21 TODAY!

    And start MCoL today also - you might get a judgement in place before they go...
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

  6. #6
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    Default

    Thank you very much for all the help.

  7. #7
    Join Date
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    Quote Originally Posted by Mrs Mug View Post
    Two month's rent owing is ground 8.
    Thanks - you won't believe how often I make the same mistake.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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