Hi guys, I am in a situation where tenant has defaulted 2 months in a row as such she is in arrears for 2 months accordingly. She has been my tenant since mid August and she did not pay last month’s rent as she suggested that she would pay it in January both months combined.
The rent was due on Monday, she stated that, she would pay at 9am when bank opens. I contacted her at 12pm to state that the rent has not come in. She responded “I would pay ASAP”. I asked when what time? She responded, when I am ready”. I said, you still need to tell me when she repeated when I am ready”
Finally she stated, I am fed up with you and cannot deal with you just serve us notice via email”. I stated that, you would still need to clear arrears to which she responded she has not got any arrears. I responded she does to which she responded “Do what you like”.
I have today served her Section 8 and 21 Notice together. Section 8 does not expire until 4 Feb 2017 and Section 21 does not expire until Mid April 2017. I am exercising my 6 months break clause although tenancy is set up for a year. I need to check with your guys if wording of break clause is OK.
The wording of break clause is:
If it is agreed between the Parties that either may terminate this Agreement as follows:
– By the Landlord giving to the Tenant at least two months written notice, such notice to expire on the last day of the rental period;
– By the Tenant giving to the Landlord at least one month written notice, such notice to expire on the last day of the rental period.
Under such clause, notice cannot take effect earlier than the last day of six month of the tenancy.
My questions are, what route is better Section 8 or 21 in my circumstances? Can she claim that she has paid rent to me in Cash and deny any arrears? in which case Section 21 may be better route however wait is longer! I am aware that, I can not run both Section 8 and Section 21 Concurrently. What other options I have to evict her?
Is my early break clause within tenancy appropriately worded?
Any advice will be greatly appreciated.