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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20658
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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My tenant has been resident from March 2012, and his fixed

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My tenant has been resident from March 2012, and his fixed term has finished. We refused to grant him a new lease because at the end of the fixed period he was in arrears of rent. However he was trying to pay this off and we permitted him to stay. Now he has missed yet another payment, and I don't think he can afford the house. I sent a section 21 notice, but wonder if I have quicker grounds on Section 8
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Stuart J replied 1 year ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.
How much is your loss??
Customer: replied 1 year ago.

Current arears are £638, on a rental of £95 pw. He is paying every 2 weeks and the last payment was 23.5.13 - no payment since. £513 of arrears relate to debt built up over the last year and we have CCJ for that amount


 


I feel he is trying hard, but basically can't afford it

Expert:  Stuart J replied 1 year ago.


Over 75% of section 21
notices are defective and of the notice fails, you are back to square one. So,
unless you are absolutely certain that your section 21 notice is absolutely
spot-on, I would suggest that you will also issued a section 8 notice and in
that respect, even of the section 21 notice fails, you can fall back on the
section 8 notice.

Everything you need to know
about section 8 notices is here http://www.landlordzone.co.uk/section-8-notice.htm



and if you substitute 8 for
21 you will get everything you ever wanted to know about section 21 notices
also. You might want to bookmark the site because it is extremely useful.



Does that answer the
question? I am happy to answer specific points.



Can I help further?



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I am
offline shortly until later today and will pick this up then

Customer: replied 1 year ago.

From the information I have got from the site on section 8 I do not yet have grounds for section 8, for another 2 weeks. he can also pay just a little and the arrears then become pointless.


 


I took the section 21 information from the website , and think I have done it correctly, but I am confused as to the exact situation since he pays 2 weekly and has done since the start of the tenancy


 


Can I do both? ie leave the section 21 in progress, and send section 8 as soon as it is possible

Expert:  Stuart J replied 1 year ago.
Yes keep them both going although he can pay some arrears off which thwarts s8 if the arrears fall below 2 months although habitual arrears is also grounds it is discretionary
Customer: replied 1 year ago.

hello


 


I thought when you said later you meant much later! Sorry didn't pick up


 


Final part to this


 


I've sent Section 21, 4 a notice which I think is correct, but the meaning of two months has confused me


 


The 2 week rental period ends on a thursday as far as I can see ( although this is difficult as he pays as and when sometimes. I therefore delivered a notice to his house on 7.6.13, and put the notice period to a calendar month of 8th August


 


am I right?


 


will do as you suggest and send section 8 if no payment received by 21st June, and apply for court possesion on grounds of irregular payments/ arrears


 


 


 

Expert:  Stuart J replied 1 year ago.
The rental payment date should be specified in the AST. Isnt it?
It is an AST isnt it? It is in writing isnt it?
Customer: replied 1 year ago.

Sorry I think I confused you - the AST expired on March 19th 2013. He has been in the house since without one. He has been paying 2 weekly - the last full payment period was 23.5.13 - 6.5.13. I started the section 21 4 a from 7th - making the expiry date 8th August. Or should I reissue to allow for 3 days post. Idelivered 1 copy by hand

Expert:  Stuart J replied 1 year ago.



That's fine. It is now a periodic
AST under same terms as the old one.

When is rent due in the old
AST? Monthly?



You should have started to
coincide with the monthly anniversary of start date.

 

 

Customer: replied 1 year ago.

Thank you I think I have done this wrong. However the tenancy was varied by agreement to pay two weekly, and this has been paid regularly since the first payment at two weeks. No monthly payment has ever been received and we have always accepted the variation


 


The original AST was monthly in advance. The rental ( monthly ) payment was to the 18th, so I assume I should send a second Section 21 , signed on the 19th, giving 2 calender months notice with the 20th August to be sure - but we can also send a section 8 at the same time. or should I use the 20th + 3 days for the post?

Expert:  Stuart J replied 1 year ago.

The notice should have expired after 20th then.

You can serve now by hand to expire after the 20th August. If p[osting allow 48hrs for post NB the wording which does the "catch all" which is shown in the Landlordzone notes.

Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20658
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Stuart J
Stuart J
Solicitor
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PGD Law. 20 years legal profession, 6 as partner in High Street practice