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I have served a notice to quit on my tenant for failing to

Resolved Question:

I have served a notice to quit on my tenant for failing to pay his rent; the notice to quit gives the tenant two months to vacate.
Can I start the process of obtaining an eviction order now or do I have to wait till the two months have expired?
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Can you confirm how many months rent the tenant is in arrears please?

 

Tom

Customer: replied 4 years ago.

The tenant was required to pay 12 month's rent in advance on the 9th October 2010.

Expert:  Thomas replied 4 years ago.

Hi,

 

Can you confirm:-

 

1. That this is a residential tenancy

2. The start and end of the fixed term

3. Whether the tenant has paid you any money at all

4. Whether there is a written tenancy agreement and does this specify that the tenant should pay 12 months rent in advance

 

Tom

 

Customer: replied 4 years ago.

Yes, a residential tenancy.

Two year agreement from 0ctober 9th 2009; first year fixed term, thereafter 2 months notice can be served by either party, effective from 9th August 2010.

Tenant paid 12 months rent in advance and a 3 month deposit.

There is a writtten tenancy agreement which was signed and independently witnessed which was prepared by the lettings agency. The agreement specifies the tenant must pay 12 months in advance at the start of the tenancy and then another 12 months as a single payment on the 9th October 2010.

Expert:  Thomas replied 4 years ago.

Hi,


Thanks for your reply.

 

If a tenant is two months in arrears with their rent then you could serve a s8 notice giving two weeks notice. Once that notice has expired you could apply for an order for possession from the Court.

 

The difficulty is that although the tenant has not paid rent in advance for the 12 month period, it is a bit incongruous to say that he is already two months in arrears since the grounds for a s8 notice assumes that the rent is paid monthly in the traditional way. In my view I doubt you could safely assume the validity of any 2 week notice you would serve until a further two months have passed since 9th October 2010.

 

Given that the notice you have served under what I assume is a break clause will expire before this I would suggest waiting until this has expired and then apply for an order for possession. You cannot make the application without this period expiring I'm afraid.

 

Sorry it could not be better news. If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Law
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Experience: BA (Hons), PgDip, Practising Solicitor
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