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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
Over 75% of section 21notices 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 absolutelyspot-on, I would suggest that you will also issued a section 8 notice and inthat respect, even of the section 21 notice fails, you can fall back on thesection 8 notice.
Everything you need to knowabout section 8 notices is here http://www.landlordzone.co.uk/section-8-notice.htm
and if you substitute 8 for21 you will get everything you ever wanted to know about section 21 noticesalso. You might want to bookmark the site because it is extremely useful.
Does that answer thequestion? I am happy to answer specific points.
Can I help further?
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I amoffline shortly until later today and will pick this up then
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
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
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
That's fine. It is now a periodicAST under same terms as the old one.
When is rent due in the oldAST? Monthly?
You should have started tocoincide with the monthly anniversary of start date.
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?
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.
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