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: 6434
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

I have increased the rent - stated in the Tenancy Agreement-

Customer Question

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.
Submitted: 1 year ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
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 1 year 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.

Expert:  Thomas replied 1 year ago.
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 1 year 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.

Expert:  Thomas replied 1 year ago.
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 1 year 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

Expert:  Thomas replied 1 year ago.
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, Lawyer
Category: UK Property Law
Satisfied Customers: 6434
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 1 year 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

Expert:  Thomas replied 1 year ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.
Customer: replied 1 year ago.

Hi Tom


 


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


Maureen

Expert:  Thomas replied 1 year ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

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