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Three months ago I let my flat furnished thro a reputable…

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Three months ago I let...
Three months ago I let my flat furnished thro' a reputable agent and with a signed agreement by both parties. There is a six month get-out clause. Since taking on this tenant, the flat has been flooded (and 2 flats below) by tenant negligence, neighbours are complaining of loud noise nuisance from the tenant and now the tenant is no longer paying the rent. Do I wait a further month to service notice to leave (6 month clause) or can I go to the county court beforehand? How long after non payment of rent would be considered as breaking the terms of the contract?
I am a pensioner and badly need the rental income.
Thank you
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Submitted: 8 years ago.Category: UK Law
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Answered in 18 minutes by:
6/27/2010
Solicitor: UK-Justice, Barrister replied 8 years ago
UK-Justice
UK-Justice, Barrister
Category: UK Law
Satisfied Customers: 16,193
Experience: Called to the Bar in 2007
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How many months or weeks rent is owed?
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Customer reply replied 8 years ago
Currently the June rent is one week overdue. However I have received an email from the tenant stating that she is unable to pay the June rent.
Previous rental payments have been up to 20 days late and have required verbal reminders from the agent. I do not have a full management service with the agency but after acrimonious conversations with the tenant cannot bring myself to speak directly with her.
Solicitor: UK-Justice, Barrister replied 8 years ago
Yes, for that ground of rent arrears you need 8 weeks rent to be late.

You can apply for possession on the following discretionary grounds, in that the Court can decide if they think it is appropriate to grant an order:

Ground 10 - this ground covers arrears of rent being in arrears less than the times specified in mandatory ground 8.

Ground 11 - This ground covers persistent delays in rent payment. However, being a discretionary ground the court will take into account factors outside the tenant's control, for example, delays in housing benefit payments.

Ground 12 - This ground covers tenant's in breach of their contractual (lease or tenancy) agreement conditions, other than rent payments. (So for music, flooding etc).

Ground 13 - This ground covers waste, neglect or default concerning damage to the tenant's accommodation or common parts. This ground also covers the acts of sub-tenants, lodgers, tenants family or visitors.

Ground 14 - The landlord can seek possession where a tenant, sub-tenant, lodger or visitor is causing a nuisance to neighbours or is using the property for illegal or immoral purposes.

Ground 15 - This ground covers cases where landlord's furniture has been ill-treated.

You must serve notice seeking possession of the property on the tenant before starting court proceedings. You need to give the following periods of notice :

Grounds 10, 11, 12, 13, 15 or 17 – at least 2 weeks
UK-Justice
UK-Justice, Barrister
Category: UK Law
Satisfied Customers: 16,193
Experience: Called to the Bar in 2007
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Customer reply replied 8 years ago
I have accepted your answer (and paid)
However, would it be easier for me to serve notice in 4 weeks (date when I can invoke the 6 months clause) and or serve notice to quit on the terms your have already indicated ?
Solicitor: UK-Justice, Barrister replied 8 years ago
I would do both.
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