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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4036
Experience:  Solicitor
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Ash, We have a tenant who owed over 3 months rent. I have

Resolved Question:

Hi Ash,
We have a tenant who owed over 3 months rent. I have served a section 8 notice to him yesterday. He rang today and making excuses for not paying the rent and blaming me for not reminding him. I don't think I have the liability to remind him but I did leave voice message and sent him a text message, which he claimed not received. He said he'd make the payment today and refused to move out in 2 weeks time.
on top of the overdue rent, we and other tenants in the same house have problems with the tenant too. Therefore I would rather to have him go. I am just wondering if he did make the payment in full today, would we still be able to obtain an eviction order from the court?
The grounds I used for s8 was 8 & 10.
Another question is that it seems quite expensive to evict a tenant. I am wondering under what circumstances the court would decide to charge these fees to the tenant.
Kind regards,
Zoe
Submitted: 10 months ago.
Category: Law
Expert:  Nicola-mod replied 10 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Jamie-Law replied 10 months ago.

Hello Zoe my name is ***** ***** I will help you with this.

Do you still need help?

Customer: replied 10 months ago.

Hi Jamie,

Thank you. Would you kindly help with my question please? Let me know if you need further information.

Thanks,

Zoe

Expert:  Jamie-Law replied 10 months ago.

If you issue a S.8 notice and he did not comply then sought to get a possession order, then he is still liable to be evicted unless he clears rent arrears AND Court costs.

If the tenant complied with the S.8 notice and paid rent arrears then you cant evict under this procedure.

You would only then be able to evict under S.21 when the fixed term is at an end.

But if he doesnt comply with S.8 then the only choice is to issue possession proceedings.
Can I clarify anything for you?

Customer: replied 10 months ago.

Thank you Jamie. That was really helpful. May I just clarify one thing please: if the tenant owes us say, £1500 at the date of s8 was issued and then paid £1000 before we apply for the eviction order, and the balance of £500 is less than two months rent, can we still evict him/carry on apply for a evict order?

Thanks,

Zoe

Expert:  Jamie-Law replied 10 months ago.

Yes because at the time they were 2 months in arrears. Clearly it would be a matter for the Judge

Does that clarify?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4036
Experience: Solicitor
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