How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6295
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Hi, I have tenants who are now on a (month by month) periodic arrangement a

Customer Question

Hi, I have tenants who are now on a (month by month) periodic arrangement as AST ended 1st Jan. They are approx 5 months in arrears, and I would now like possession of the property and to try to recover rent owed. What notice do I need to serve to them? In total they oew approx' £10k. Thanks
Submitted: 3 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your question.

 

If the tenant is over two months in arrears and the rent is paid monthly then the landlord can serve the Tenant a s8 Ground 8 Housing Act 1988 notice giving the tenant two weeks notice to vacate on this basis.

 

You can download a template for the above from one of the online document providers. It is very important that the notice is in the correct form, if it is not then a Court may not grant an order for possession. Allow three working days for postage and send by registered post, keep the proof of postage. You may also consider serving it personally on the Tenant with a further witness.

 

Once the notice period has expired and if the tenant has not vacated then you must apply to Court for an order for possession. If there is a written tenancy agreement then the accelerated possession procedure can be used so that there is no need for a court hearing. If you wish to get a money judegment against the tenant at the same time as the order for possession then they cannot use the accelerated procedure. I should have thought it sensible to get a money judgement against them in view of the considerable rent arrears.

 

If the tenant does not vacate following the order then you will have to apply to the Court for a warrant for execution so that the Court bailiffs effect eviction.

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.


Kind regards,

 

Tom

Customer: replied 3 years ago.
Thanks for your answer. Could you provide a link to the appropriate letter? Thanks
Expert:  Thomas replied 3 years ago.

Hi

 

As solicitors we have access to professional document services (which I can't attach for a variety of reasons). I've heard Landlordzone are fairly good for members of the public, you will have to register though:-

http://www.landlordzone.co.uk/agreements.htm

 

I would also read their notes on service on the above page.

 

Hope this clarifies, if so please lcick accept.

 

Tom

Customer: replied 3 years ago.
Can I not just serve a 'standard' notice (as if there were no arrears) - 1 month? Or does this put me at a disadvantage in terms of recovering money owed?
Thanks
Expert:  Thomas replied 3 years ago.

Hi,

 

No, if there are on an assured shorthold tenancy which is now a statutory periodic tenancy you must serve either a s21 notice (two months with such notice to expire at the end of a rent period) or a s8 notice citing one of the grounds.

 

If the notice you had previously served is a s21 notice then you could apply for an order for possesion, but I should think the safest way forward if you are in any doubt as to the legality of the earlier notice would be to serve a s8 notice now on the basis of their rent arrears.

 

Please click accept. I shall continue to answer your follow up questions.

 

Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6295
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 5 other UK Property Law Specialists are ready to help you
Customer: replied 3 years ago.
I'm pretty sure that the section 21 I served is fine. Could it be a problem that their deposit is not in a protected scheme though? (they have been there for 5 years so it wasn't mandatory at the time of the first AST).

Also, Is it definitely possible to serve a section 8 during the periodic tenancy as most of the things I have read refer to doing that during a fixed term?
Expert:  Thomas replied 3 years ago.

Yes, the subsequent renewal of the AST makes it a requirement for the deposit to be lodged. This could be a problem if the tenant raise it. My advice would be to lodge the deposit in a scheme now.

 

s8 notice can be served at any time.

 

Thanks for your kind accept.

 

Tom

Customer: replied 3 years ago.
Tom, quick folllow up. Should I only rely on ground 8 even though grounds 10 and 11 also apply?
Thanks,
Duncan
Expert:  Thomas replied 3 years ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.
Customer: replied 3 years ago.
Tom

I sent it yesterday, relying on all three grounds. I'm sure I have done evrything correctly, except I forgot to attach the separate schedule of payments made that I refer to in my reasons for relying on the grounds. How do I rectidy this - send separately by reg post with letter, issue new section 8 with explanation letter?

Thanks

Duncan

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience