Tenant non payment require eviction
Possession - Section 8 and Section 21

Mr Millet
Mr Millet
28 Thanks
133 Posts
12 years ago
I have a tenant who is under an AST. The term expires on 8th January 2012 (commenced 8th July 2011). I issued a Section 21b on signing of the AST which was counter signed by the tenant and requires that I re-possess the property on 8th January 2012. He is reqired to pay £90 rent per week but has failed to pay since 4th November 2011. I took £270 as deposit (paid to DPS within 1 week) and required a further £270 to be paid as advance rent. It was stipulated in the contract that this was not to be used as rent during the term except during the final 3 weeks of the term should notice to quit have been given by the tenant (ie no rent would be paid in the final 3 weeks of his stay in order that the advance be returned as rent - free occupation during the last 3 weeks). As he is in arrears, should I issue another form of Notice, if so which one, and do I need to wait until this Notice has expired before starting proceedings for eviction. Would I also be advised to issue small claim proceedings for recovery of the rent arrears.
I'm unsure of the legal position of this, however, as a deterrent to tenants' late payment, I added a "late payment clause" that stipulated that advance rent paid could not be counted against rent that was in arrears during the term (other than during the final 3 weeks) and that a penalty payment of £10 per day would be incurred for late payment during the term. Is this legally enforceable and should I start proceedings immediately to recover rent in arrears and late payment penalties. Your advice will be gratefully appreciated.

Please Login

You must be logged in to participate in our forums, to continue please login below.

Not a member? From only £99 you can join in the discussion and get access to member's only resources and services.

As the home for landlords, the NRLA are here to help you save time, save money, and stay compliant. NRLA membership gives you access to a vast range of expertise, resources, and exclusive member benefits and savings, designed to help and empower members. We also play a pivotal role in campaigning and championing the interests of landlords.