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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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Can a landlord seek to gain possession of a property on a 12

Resolved Question:

Can a landlord seek to gain possession of a property on a 12 month tenancy where the tenant has been late consistently with the rent causing the landlord to incur bank charges - should the landlord start with a S8 notice and use a S21 notice as well
Submitted: 5 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 5 years ago.
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. How many months is the tenant in arrears
2. How many times has the tenant paid rent late
3. When does the fixed term of the tenancy expire
Kind regards.
Customer: replied 5 years ago.

The tenancy has now expired and is rolling over. it was a 12mth assured shorthold tenancy.

The tenant did not pay a deposit or any rent in advance.


in the 3 month period to November 2011 the tenant was paying the rent fortnightly because he did not have the monthly rental on the due date. Even then it was often later than every two weeks.


For 4 months of this year 2012 the tenant has been late paying the rent and again he has tried to pay fortnightly and still late.


he asked to renew the tenancy and wanted another 12month tenancy but this was not agreed to because he is always late with the rent and he is under the impression that by the tenancy rolling over that I am doing something illegal.


I need to find the actual agreement as i do not have it to hand but i can produce bank statements showing the lateness of the rental money.

Expert:  Thomas replied 5 years ago.

Thanks for your reply.
Persistent late payment of the rent is one of the grounds under the Housing Act for which a possession order can be sought. It is ground 11 of the act. The tenant must be in arrears of two months if they are supposed to pay rent monthly in order for you to issue a notice in this regard.
Both would be section 8 notices. Both would be two week notice periods. However, if the tenant is not actually in arrears of two months then you would be relying on the persistent late payment of rent ground. This is regarded as one of the tricker grounds on which to get possession because it’s harder than the rent arrears ground to get a possession order, judges are less inclined to make an order for possession solely on this ground and usually it is used in conjunction with the rent arrears ground.
There is nothing stopping you issuing the s8 notice and attempting to get possession on this basis, but I should think a much less controversial route would be to also serve a s21 notice seeking possession on the basis that the tenancy is now a statutory periodice tenancy. This would be under s21 (4) (a) notices and it’s much less controversial because the only thing that you have to prove is that the previous tenancy has expired and that you served the notice.
So, yes; you are correct. Issue and s8 notice but at the same time issue a s21 notice so that you have that to fall back on if the tenant defends and forces litigation on the issue of the s8 notice because s21 is infinitely more reliable
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Kind regards,

Customer: replied 5 years ago.



sorry one more question - the guy has small children - will this go against me in trying to get an eviction ?


and do i stop taking rent from him now if I want to go down the route of eviction ?

Expert:  Thomas replied 5 years ago.

Not to the extent that you will totally be denied possession, it may just mean that the order is suspended for a a few weeks in order that they can find alternative accomodation.

If he pays the rent arrears then I would retain the money. You can always get them on the s21 in any event.

Trust this clarifies, please click accept.

Kind regards,

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