Giving notice

Rent Arrears

I have let a flat on a 1 year assured shorthold agreement, expiring on 8 January 2015 – using your legal form.

The tenant is falling into arrears – the rent is due per calendar month.

I understand that I can give notice when she is at least 2 months in arrears – that I don’t have to wait until the end of the second month. The rent is due on the 9th. If payment is not received by the 10th, then this will count as one month.

The monthly rent is £634.81. She is currently in arrears by £1140.41. I am expecting a housing benefit payment (paid every 4 weeks) of £337.17 tomorrow (24 July). When the rent becomes due on 9 August, she will then be £1438.05 in arrears. I understand that notice can be served on or after the next day – 10 August.

I have referred to your website before, and I believe you then recommended using a solicitor to serve notice. Is this still the case? In the property reclamation process, can I claim for all legal expenses incurred to be paid by the tenant?

Supposing rent arrears were reduced below the 2 months limit on 11 August or a few days later, would the original notice still be valid?

My email address is LambOfKent@gmail.com If phoning, it is better to use my London number – 020 8771 6384.

Thank you in advance for your help.

Brian Lamb