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Hi I just need clarifications please:
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.
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.
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.
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.
I am going to serve section 21 also.
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.
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).
Yes, you can claim the rent arrears through proceedings at the County Court.