RENT ARREARS

[dear28]

Hi im new to this site so please bear with me!

I have a tenant who receives Housing benefit. Rent is £260 and HB pays £230 so tenant pays £30 per week straight to me. She has stopped paying her part and its now over 8 weeks that she has not paid her extra towards the rent.

To serve a S8 for 8 weeks rent arreas - does the rent have to be 8 weeks in arreas at the full weekly rate or does the fact that the full rent has not been paid for 8 weeks count as sufficient rent arrears to get possesion?

Or

Will i have to wait till her £30 adds up to 8x£260?

cheers!

[Trenners]

Hi Marlene,

You tenant is only PARTIALLY behind with their rent (because you are receiving the majority of your rent directly from the Council) so you cannot serve a Section 8 notice using Ground 8 (ie: the tenant is 8 weeks behind with their TOTAL rent).

You could serve a Section 8 notice on Grounds 10 & 11 - the tenant is partially behind with their rent and the tenant is consistently late with their rent - but, in a court of law, these Grounds - if proven - are only discretionary (meaning the judge may not award in your favour).

Rather than "going legal" - I would call an urgent face-to-face meeting with your tenant. Explain that it is their duty to pay the rent (including the £30 a month top-up payment) and, in return, you will provide a well maintained property.

I would also contact the Housing Needs team at the local council and invite them to the meeting. Explain to the tenant that if they don't pay their rent then you will get them evicted. The council should also tell your tenant that if they make themselves "voluntarily homeless" (by not paying you the rent) then the council will not re-house them (which means that they will end up in a B&.

The tenant usually pays up after this conversation .... let me know what happens .....

Good Luck,

Mark (the resident DSS tenant expert) !! <grin>