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: 6308
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

Can a landlord seek to gain possession of a property on a 12

Resolved Question:

Can a landlord seek to gain possession of a property on a 12 month tenancy where the tenant has been late consistently with the rent causing the landlord to incur bank charges - should the landlord start with a S8 notice and use a S21 notice as well
Submitted: 2 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. How many months is the tenant in arrears
2. How many times has the tenant paid rent late
3. When does the fixed term of the tenancy expire
Kind regards.
Tom
Customer: replied 2 years ago.

The tenancy has now expired and is rolling over. it was a 12mth assured shorthold tenancy.

The tenant did not pay a deposit or any rent in advance.

 

in the 3 month period to November 2011 the tenant was paying the rent fortnightly because he did not have the monthly rental on the due date. Even then it was often later than every two weeks.

 

For 4 months of this year 2012 the tenant has been late paying the rent and again he has tried to pay fortnightly and still late.

 

he asked to renew the tenancy and wanted another 12month tenancy but this was not agreed to because he is always late with the rent and he is under the impression that by the tenancy rolling over that I am doing something illegal.

 

I need to find the actual agreement as i do not have it to hand but i can produce bank statements showing the lateness of the rental money.

Expert:  Thomas replied 2 years ago.

Hi
Thanks for your reply.
Persistent late payment of the rent is one of the grounds under the Housing Act for which a possession order can be sought. It is ground 11 of the act. The tenant must be in arrears of two months if they are supposed to pay rent monthly in order for you to issue a notice in this regard.
Both would be section 8 notices. Both would be two week notice periods. However, if the tenant is not actually in arrears of two months then you would be relying on the persistent late payment of rent ground. This is regarded as one of the tricker grounds on which to get possession because it’s harder than the rent arrears ground to get a possession order, judges are less inclined to make an order for possession solely on this ground and usually it is used in conjunction with the rent arrears ground.
There is nothing stopping you issuing the s8 notice and attempting to get possession on this basis, but I should think a much less controversial route would be to also serve a s21 notice seeking possession on the basis that the tenancy is now a statutory periodice tenancy. This would be under s21 (4) (a) notices and it’s much less controversial because the only thing that you have to prove is that the previous tenancy has expired and that you served the notice.
So, yes; you are correct. Issue and s8 notice but at the same time issue a s21 notice so that you have that to fall back on if the tenant defends and forces litigation on the issue of the s8 notice because s21 is infinitely more reliable
If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.
If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 2 years ago.

Tom

 

sorry one more question - the guy has small children - will this go against me in trying to get an eviction ?

 

and do i stop taking rent from him now if I want to go down the route of eviction ?

Expert:  Thomas replied 2 years ago.
Hi,

Not to the extent that you will totally be denied possession, it may just mean that the order is suspended for a a few weeks in order that they can find alternative accomodation.

If he pays the rent arrears then I would retain the money. You can always get them on the s21 in any event.

Trust this clarifies, please click accept.

Kind regards,

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6308
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Property Law Specialists are ready to help you

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