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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi there. I recently served notices to quit on three tenants

Resolved Question:

Hi there. I recently served notices to quit on three tenants in a property this was sent on the 28th July by special delivery so they would have got it by the 29th July their end date was therefore the 30th September. They are on a periodic contract. Their rent was late last month and to date has not been paid this month (due 30th July) - what sort of action can I take.? They are not responding to email or telephone calls. Thank you Gill Matthews
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.

Hi Gill
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Did they end up paying last month’s rent, albeit that it was a late payment?
2. How many months in arrears are they at present?
Kind regards.
Tom
Customer: replied 2 years ago.

Hi Tom

1. Yes they did they were four days late

2. Just July

 

Gill

Expert:  Thomas replied 2 years ago.
Hi Gill,

Thanks for your reply.

I’m afraid there is not a great deal that you at present. In order to evict them otherwise than by a s21 notice (which you served) you would have to serve a s8 notice on one of the prescribed grounds.

In order to do so with regard to rent payments the tenants must be in at least two months arrears or must have persistently paid rent late (multiple times). IN practice late payment of rent is rarely used as a ground in and of itself and is usually couple with the ground relating to 2 month rent arrears.

There is a s8 ground whereby you can attempt to gain possession on the basis of their non-tenant like manner of occupation causing serious disrepair to the property but this is much more commonly disputed and you would have to prove it by documentary evidence. Simply being messy is not sufficient for this purpose.

If your they do not pay August’s rent then I would serve the s8 notice as well so that you can apply for an order of possession at the end of the month on the basis of both the s8 and s21 notices, thereby considerably strengthening your argument for an order for possession;.

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I will answer your follow up questions you may have.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
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