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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7528
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have increased the rent - stated in the Tenancy Agreement-

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I have increased the rent - stated in the Tenancy Agreement- which they have signed but they are still paying the old rent (less money). Does this count as rent arrears.
Hi

If you have a tenancy agreement which specifies that increased rent should be paid and the tenants have signed the agreement the increased rent will be binding after the time by which it is stated to start in the agreement.

I assume that this is an assured shorthold tenancy agreement which means that you could only evict them earlier than the fixed term once they have reached at 2 months rent arrears. If they have not yet reached 2 months rent arrears thank you cannot serve a section 8 notice on this basis yet.

You good attempt to evict them on the ground that I have reached a turn off the tenancy agreement but usually this is used in conjunction with the rent arrears ground is well.

If this is useful please kindly click accept and rate my answer as okayservice or above if you do not then I do not receive any credit for the time I have taken to answer your question.

Kind regards

Tom
Customer: replied 3 years ago.

Can you please explain "that I have reached a turn off the tenancy agreement". Which clause would this one be?


I believe the 2 months are well passed, as the agreement started 23rd April 2013. They do not pay in advance but in arrears.

Hi

Sorry, typo!

I meant to say that you could attempt to it turn on the basis that they have breached a condition of the contract with you as a separate ground under the section 8. However this ground is usually used at the same time as an action on the basis of rent arrears for which you require 2 months rent areas.

Please note that the requirement is that the amount of money outstanding in unpaid must be equal to 2 months rent arrears before you are able to issue a notice requiring possession on the basis of rent arrears.

Please remember to rate my answer

Kind regards

Tom
Customer: replied 3 years ago.

Just to clarify does the rent arrears have to be 8 weeks of £125 per week, or can I use the shortfall of 8 weeks of £15 to be my case for breach of rent arrears.

Hi,

No, that was what I was restating in my most recent reply.

You may only serve a S8 Ground 8 Housing Act 1988 notice for possession earlier than the fixed term of the tenancy where the tenant has unpaid rent outstanding of 8 weeks (if they pay their rent weekly) or 2 months (if they pay their rent monthly).

Until they reach these levels you can validly serve a s8 notice for rent arrears.

There is also ground 11, which relates to persistent late payment of rent, but this is a discretionary ground and it would be a bit of a stretch getting possession on this basis only.

Please remember to rate my answer,

Kind regards,

Tom
Customer: replied 3 years ago.

Hi Tom


Sorry I'm still not fully clear. After 8 weeks of being £15 short per each week, I can complete and serve a s8 form for rent arrears and ask them to vacate my property 2 months after the date on the s8 form.eg I use todays date of 26th July and they leave 26th September.


many thanks


Maureen

Hi Maureen.

No.

In order to get possession before expiry of the fixed term then tenants must have 8 weeks unpaid rent (if they pay their rent weekly).

If their current rent is £125 per week then 8 weeks would be £1000.00. So, you could only issue a s8 ground 8 notice for possession on the basis of rent arrears once £1000.00 has accrued.

Until that point it's going to be difficult to get possession. You coudl attempt to issue a s8 ground 11 Notiice on the basis of persistent late payment of rent but this is a bit of a long shot.

When does the fixed term of the tenancy expire?

PLease rate my answer. I will continue to answer your follow up questions.

Kind regards,

Tom
Thomas and 3 other UK Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi


The tenancy is for 12 months starting 23rd April 2013.


The rent is not the only issue I have with them. After a lengthy discussion with them about doing things to the house and garden without asking permission, I noticed, when I went round yesterday, that they are still continuing to alter the garden without asking, as well as drilling holes in the interior walls. Both of which are breaches in the tenancy.


 


I have rated your answers as excellent. I hope it has come through.


many thanks


Maureen

Hi Maureen,

If they have breached conditions of the tenancy then you may have an action under s8 ground 12 . The amounts of rent that you are owed although not sufficient for a mandatory ground 8 action can be used for ground 10 where there are low level arrears.

Bsaically, because the rent arrears are less than two months you are looking at potentially getting possession on a number of combined discretionary grounds. Because of this I realy think you should instruct a solicitor in the normal way due to this being a bit trickier than a simply rent arrears possession

Thanks for rating my answer.

Tom
Customer: replied 3 years ago.

Hi Tom


 


thank you for all your help and guidance, it is very much appreciated.


Maureen

You're welcome, Maureen.

Thanks for rating. .

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