Evicting an intermitant paying tenant now on SPT?

by Readers Question

14:16 PM, 17th January 2019
About 3 months ago

Evicting an intermitant paying tenant now on SPT?

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Evicting an intermitant paying tenant now on SPT?

I’m a newbie to the letting game and would welcome advice from some seasoned members. I have a tenant who has run up non payment of rent to the tune of over a £1200.

She was a no problem for 6 months of her short hold tenancy agreement, but once it changed to a periodic, problems started. I have had several friendly discussions with her and she has promised to address the arrears issue, but little has changed. She does pay small amounts occasionally, but the arrears are piling up.

I would like to regain possession. could members advise as to the appropriate procedure I should follow. I presume it is the issue of a S21 with two months notice from the next due payment date.

I have followed all regulatory procedures relating to safety certs, right to rent document and deposit protection.

thank you in advance for any help

Philip

Please also see our page “Personalised Advice on Evicting Tenants” >> https://www.property118.com/evicting-tenants/

And Paul Shamplina of Landlord Action’s members profile >> https://www.property118.com/member/?id=190



Comments

Neil Patterson

14:21 PM, 17th January 2019
About 3 months ago

Hi Philip,

If the arrears are 2 months or more you can also consider a section 8 evictions. However, general consensus if it is outside the fixed term is that S 21 is easier.

Does the deposit cover the arrears?

Also consider professional assistance as it usaully ends up saving time and money if you see my notes at the bottom of the article.

M Al-Saidi

10:11 AM, 18th January 2019
About 3 months ago

In using S21, remember to use the correct form, I had a very prolonged case which lasted nearly a year to finally win the case.
You must use the correct form of S21, namely as it was in my case, nearly 6 months ago, it was and should have been (Form 6A) as the latest required form in the S21 grounds of evicting the tenant. Additionally, I was also recommend serving both Form 6A, and S8 ( which is related to no rent paid for over 2 months.
Of course, you mentioned that you are covered with all Deposits, and relevant documents to cover all legal angels.
I represented myself, no solicitor, thinking it was S21, straight forward. However, using a competent and experienced solicitor, gives you an edge,
Good luck

trevor white

10:36 AM, 18th January 2019
About 3 months ago

Serve both a s21 and s8 notice.
Serve the notices separately by post (obtain proof of posting).
Courts seldom grant possession under a s8 notice unless you are relying on ground 8 (2 mths arrears).
Tenants often pay sufficient arrears to reduce the amount owed below 2 mths. What is important here is the amount of arrears on the date of hearing as opposed to the date of serving.
S8 is preferable as there is less for a tenant to raise as an argument against possession for example breach of deposit law, rules etc.
You should properly serve a s8 notice as the tenant is in default and i presume you are seeking to recover arrears.
Should you need to rely on s21 a Court will have no discretion but to grant you possession usually after 14 days.


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