T in arrears

[randal_bond]

Hello,

 

our T hasn't paid a month's rent, and now the second month's rent time is coming. It's very alarming that she never contacted us about it, and only replies with different excuses and sets new payment days (lies) when we contact her. My questions are: can we serve a notice when the second payment is missed (in a few days) or we have to wait two months to pass without payment?

She has been in the flat almost 8 months but a month ago we increased rent by £25 and wrote out a new tenancy agreement (she agreed that Landlord tax imposed on us, warrants this move and said she's aware that she still gets a good deal, which she does). Is it S 21 or 8 we serve? If it goes to court, do we use both T agreements?

 

Thank you.

[Richlist]

Before anyone can provide a helpfull reply they will need to know:

1. Is the tenancy in either England or Wales ?

2. Has a deposit been paid, is it protected in one of the approved schemes and was the prescribed info issued to the tenant ?

3. What is the start and finish date of the latest tenancy agreement ?

4. What is the start date of her occupation of the property ?

 

 

[randal_bond]

!. England

2.yes, with DPS

3. 27/03/2016 for 6 month

4.27/08/15

[Richlist]

Well as I see it, subject to the latest tenancy agreement being valid, you can't issue an S21 to take effect until after the end of the fixed term ie before September 2016.

You can issue an S8 once the tenant is 2 months in arrears i.e.when they have not paid 2 months rent which is after 1 month and 1 day. But if, at a later date the tenant pays some money so they are not 2 full months in arrears you can't proceed with the S8. 

Did the tenant sign the new tenancy agreement ?

Have they paid any rent for the new tenancy ?

[randal_bond]

I thought I said already. yes, we signed a new T agreement. T didn't pay for May only.  Thank you for your reply.

[Richlist]

No, you are wrong.

Nowhere in your posts does it say that the tenant signed the tenancy agreement. You have said you 'wrote out a new tenancy agreement'........which is not the same thing.

[Grampa]

This is an important point raised by RL because it isn't unknown for a landlord to post or leave unsigned contracts with the tenant to sign and return and if not returned that could leave a landlord in a limbo position if they had to give notice. This is because the landlord wouldn't know if the tenant signed or not and leaves a question mark over the status of the tenancy.

 

[randal_bond]

Yes, all signed, all done. I am looking at S8 grounds. Am I right in that Grounds 8(b) - monthly rent and 10a) - rent is unpaid on the date on which the proceedings for possession are begun. Does ground 11 apply (persistently delayed paying rent) in case of two months' non-payment?

Also, I have never served S8, only S21. Where can I read on the procedure, necessary documents? If anybody could direct me or just briefly say what documents are needed and how much? Am I right that we can start court procedures in two weeks after serving S8, if only the above mentioned grounds apply?

 

Thanks so much for your help.

[Grampa]

Use grounds 8,10 &11. 

This can be done on line but has to be done correctly and you will have to attend a court hearing.

[randal_bond]

Do you mean filling S8 online and printing it out? Or starting court procedure and paying the fee online? Could you give a link? Can't find it. I know I sound helpless, but if you just direct me to where to read on it, I'll go on from there.

[kerbut]

To find a section 8 (and s21 ) fillable on line go to :       www.mybadapple.co.uk

[Grampa]

After serving the s8 (correctly) and waiting at least 14 days you can then apply for a court hearing online for  £325 https://www.possessionclaim.gov.uk/pcol/

 

[randal_bond]

I was told that the ground that matters is ground 8. Where do I find if my tenancy agreement allow that ground to be used in the fixed term?

[Grampa]

Read your tenancy agreement

[randal_bond]

My T Agreement's Terms and Conditions say the following: If at any time any part of the Rent is outstanding 21 days after it's due (whether formally demanded or not), the Landlord may recover possession of the property and this contract will come to an end.
Is it what you mean? It seems to allow to use ground 8 in the fixed term, right?

[Grampa]

It should have something along the lines of

 The landlord may bring the tenancy to an end (including during the fixed term) by giving the tenant Notice Seeking Possession of a property let on an assured tenancy based on any grounds Part 1 of Schedule 2 to the Housing Act 1988 (as amended) or on any grounds in Part 2 to Schedule 2 of the Housing Act 1988 (as amended)

Most tenancies will have something similar but I dont think it stops you serving a s8 if not. You are supposed to have a forfeiture clause though which I think is covered in your previous post.

Though ground 8 is a mandatory if proven it is best to also add ground 10 &11 as well

 

[randal_bond]

Thank you (: Very informative forum and old hands are always willing to help. It's nice of you all. Good day.

[fionaf]

Even if the tenant isn't communicating with you, you still need to communicate with them. Part of an effective s8 is providing a clear schedule to the tenant of what is owed. You also have to make it clear what costs will be added if you go to court without it sounding like a threat. If you've taken any time in preparing your tenancy agreement it should make it clear that your tenant is liable for these costs. Whilst you will have to pay it upfront you can claim it back. Even with a s8 it isn't going to be speedy. Depending on the region you are in you may not get a court date for several months. Then even if you get granted possession you will probably have to follow up with a bailiff which again takes time as the bailiffs are busy. Yes you can jump it upto the High Court but that is mega bucks. 

[Grampa]

It is set in statute that  you must get a hearing within 8 weeks.   

[fionaf]

I think it is within 8 working weeks, or that was the argument the courts gave us when we had to wait months. Easter recess (which can be for several weeks) was the country court argument for delay to us. Add to that the bailiff delay and if things are tied up within 3 months that is pretty good going. We even got granted 'immediate possession' but they didn't release the paperwork for two weeks so we couldn't even book the bailiff until we had the paperwork so 'immediate' was a shambles.