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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10347
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Hi I have a tenant on a periodic contract, this contract being: 1)

Resolved Question:

Hi I have a tenant on a periodic contract, this contract being:
1) 6 Month ASSURED SHORTHOLD TENANCY AGREEMENT
2) Commenced from 28 January 2013
Presently I want possession of the property as I need to sell it due to my financial circumstance. The tenant is refusing to vacate the property as he and his family want to stay for long term. The tenant is also insisting he spent money on the property although there is no mention of this in the tenancy agreement.
He reduced his rent by 10% for the past 6 months as he was in difficulties and I agreed with this. He has stopped paying rent another payment is due 28 July 2014.
Can I go through the accelerated proceedings now or need to wait for the second month of missed payment?
Please email: *****@******.***
Regards
Q Ahmed
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
I am Al and am happy to assist you with your enquiry.
As your Tenant is on a periodic Tenancy, you are best to serve a Section 21 Notice on him giving him 2 months Notice that you want possession. Such Notice must expire on the day before the rent payment date. You therefore need to serve Notice ideally straight away or certainly before 27th July, giving him Notice to leave on 27th September.
Only if he falls behind with 2 months Rent would you be entitled to issue proceedings before the periodic Tenancy ends.
On the basis that he does not fall behind by 2 months Rent, then the earliest you can start proceedings is 28th September.
I am sorry this is not the answer you were looking for, but sets out the legal position.
Kind Regards
AL
Expert:  Aston Lawyer replied 2 years ago.
Hi,
Can I be of any further assistance to you?
Kind Regards
AL
Customer: replied 2 years ago.

Hi I just need clarifications please:

As mentioned:

1. Tenant is on a periodic tenancy.

2. He did not pay any deposit.

3. 1 Month Advance rent.

2. Did not pay June 28 Rent.

The tenant is in arrears of 2 months rent including the advance rent.

Please answer:

Fastest route:

1. Can I issue proceedings as tenant is 2 months in arrears of rent? Do I still need to serve Section 21?

2. Can I use Section 8, faster route?

Please advise as this will provide me with greater clarity before I can make a choice.

Many thanks

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Thanks for your reply.

Only if the Tenant is in arrears by 2 months are you are entitled to serve a Section 8 Notice for rent arrears. I note the rent is due on the 28th of each month, and I had understood from you that only the payment due on 28th June was outstanding. If this is the case then once 28th July arrives and no payment received you can then serve such a Notice. If there are indeed 2 months rent arrears already, you are free to serve the Section 8 Notice now.

To be honest, you may be best to serve a Section 21 Notice anyway. A Court will only grant a possession order under the Section 8 route if there are 2 months rent arrears outstanding at the date of the hearing,so your Tenant need only pay say 1 month's rent between him receiving the Section 8 Notice and the matter reaching Court for the Court to throw out your application. You would then be back to square one. It depends how clued up your Tennat is! If he isn't aware of the law, then certainly the Section 8 is quicker for you. I'm afraid you will need to serve the Section 8 Notice before you are then entitled to issue proceedings.

I hope this assists.

Kind Regards

AL

At

Customer: replied 2 years ago.

Hi thanks for your help, please can you answer the following two questions:

1. If the tenant does not pay 28 July then this is three months in arrears including the one month advance. If I serve the section 8 and the tenant pays the rent in August 28, does this make section 8 invalid?

2. Can the tenant refuse Section 21 or Section 8 by explaining to the court he has the right to stay at the property because he spent money on the property? (There is nothing written on the tenancy agreement).

Thanks for your advice I am also going to serve section 21.

Regards

I am going to serve section 21 also.

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Thanks for your reply.

1. Provided 2 months rent is outstanding, such rent having been lawfully due from the Tenant under the terms of the Tenancy Agreement then the Section 8 Notice remains valid.

2. Any query as regards ***** ***** absolutely nothing to do with possession proceedings, whether a Section 8 or 21 Notice has been served, and therefore th

Tenant will not be able to use this as any sort of defence to the possession proceedings.

Good Luck!

Kind Regards

AL

Customer: replied 2 years ago.

Hi please can you answer the last question and I will immediately rate your service.

If I use Section 8 and section 21 (can I claim arrears later).

Regards

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Yes, you can claim the rent arrears through proceedings at the County Court.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10347
Experience: LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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