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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70193
Experience:  Over 5 years in practice
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I had tenants move in begining feb who signed assured shorthold

Customer Question

Hi I had tenants move in begining feb who signed assured shorthold tenancy agreement 24th jan, has a break clause in and no pets clause 2.14 also states right to charge additional rent. 1st month the payment was late (advised bank compromised and frozen). then I found out end may they had a puppy, went to see them offered compromise of new agreement to include dog and new bond or increase in months rent under. they advised they couldnt afford. So we all agreed that I would give 2 months notice. Since they have decided they want a council property so they wont accept the notice and want a section 8 notice and have not paid this months rent either. I have in meantime split with my partner, and want advise on what ground the section 8 notice can be issued. can it be ground 1, 11 and 12? many thxs Paula
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Has this property been your primary home?
Customer: replied 2 years ago.

Yes Jo, before I movd out in October 2012.

Expert:  Jo C. replied 2 years ago.
Is your intention to move back in?
Customer: replied 2 years ago.

Yes I have split with my partner. Althogh when I started this I was seeking grounds that they had moved a puppy and my agreement is no pets. they also have been late with 2 payments since feb. The situation for me to move in has changed recently

Expert:  Jo C. replied 2 years ago.
Yes, you wouldn't have got possession on that ground alone. Nobody is ever evicted because they have pets. The Court would have just said that you could deduct any damage from her damage.
If she is two months in arrears though you can rely on ground 8 which guarantees you possession unless she pays. You can also rely on ground 10 and 11 which will probably secure possession.
If it is your intention to move back then you can rely on ground 1 as well which does guarantee you possession if it is accepted. Obviously Judges do not have to accept it on facts though.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

So Just to clarify then

Ground 10 is non payment (but if they pay then thats out)

Ground 11 is late payments of which there has been 2 begin feb and this month.

Ground 12 but pardon the pun unlikely as no leg to stand on with a pet even though clause in tenancy (pointless clause really I guess)

Ground 1 on basis I need to move in now, but if that was not know at the start is that still ok?

Expert:  Jo C. replied 2 years ago.
No.
Ground 10 - yes, it falls if they pay arrears off
Ground 11 - you can still rely on this and usually it is successful. Judges are never impressed when people pay at the door of court.
Ground 12 - yes, I would never rely on it alone.
Ground 1 - you can add it. You need to give proper notice. The only concern about subsequent addition is that Judges may think it is self serving.
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

I did give a letter of notice on the 10th June of 2 months. which at the time they agreed to but din't give my personal reason. It sounds like I cant issue anything then until 24th July, as that will be date they have had 6 months from signing agreement an move to county court possession notice 21??

Expert:  Jo C. replied 2 years ago.
If you gave notice on the 10th June then I would carry on in reliance on that.
You can always issue a fresh notice but it will have to start again which will create a delay.
Customer: replied 2 years ago.

When I say notice I mean a hand writen letter to give 2 months notice to leave nota notice 8 (sorry not up on terminology, first time in this situation)

Expert:  Jo C. replied 2 years ago.
Have you not served a S21 notice or a S8 notice?