Hello
I have a private property that we let under an Assured Shorthold Tenancy Agreement (within the meaning of the Housing Act 1988 as amended by the Housing Act 1996).
In only the second month of the initial 6months, the tenant was 24days late with rent, despite advising they were in receipt of housing benefit. The next rental instalment was due 01/11/14 and as of yet is still outstanding.
I am not convinced that this tenant is reliable, and when the second payment of rent did not go in on time, I issued two months notice. The tenant is now going to the council as she wants them to re-house her and she says she needs a notice of possession.
As far as I am aware, we will only need this if she doesnt leave on the required date.
I e-mailed the council to find out more and they seem to think I cant issue notice within the 6 months contract, even though she is in breach of the contract by being more than 21days in arrears etc.
The termination section of the contract states that I have right of termination if the rent is not received in full within 14days of it becoming due which has happened in Oct and November. The notice has to be served in accordance of section 8 of the Housing Act 1988 I thought the two months noticed served was in accordance with this but now I am not sure?
Any advice gratefully received as we are losing money now and I am very worried it will escalate to court possession orders which we have a weak case for as she is not more than two months in arrears
It seems very much that everything is in the tenant's favour even though she is not paying!
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Non paying tenant - have I served the correct notice?
4 replies
PussinJimmyChoos · 14/11/2014 17:39
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