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  • Problem Tenants

    Shortening notice period due to non-payment?

    Hello,

    I am a landlord in Manchester with a single bedroom studio flat. the 6 month AST has expired and I issued my tenant with a 2 month notice period on 01/11/18. She was full of understanding and even thanked me for giving her 2 months.

    However she has now stopped her rental payment and is not replying to my attempts to contact her about it. Her rent has always been paid on time at the beginning of every month up until now.

    I have attempted to call (there is no voicemail service on her phone) and I have texted several times. It is highly likely she is deliberately ignoring me.

    I am thinking of cutting my losses and giving here 1 month notice from today. Is this allowed given that I have already given her a 2 month notice period at the beginning of the month?

    Any other advice would also be welcome.

    Thanks

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    You can serve an s8 notice for rent arrears, expires in 14 days.

    Contrary to the views of so many you may serve a valid s8g10 if only 1p is underpaid for only 1 day.

    But as s8 eviction for arrears is easily defended, less than 2 months owing discretionary, evict with s21.

    But the s8 may "prompt" her to see sense.  You might have a verbal discussion with her about arrears & "intentionally homeless".

    When you say "serve 1 month notice" what sort of notice were you thinking of, please?

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    If she paid her rent why get rid of her? People are not commodities to be used as one pleases. This was her home.

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    The tenancy is a 6 months AST and I advised her that there was a good chance I would be moving back into the property at some point in the future. She was in a pickle because she had just started a job in Manchester and was travelling up from down south 2 or 3 times a week and she needed somewhere in a hurry. She was happy with the arrangement. The 6 months has expired and I have served her 2 months notice. She even thanked me for giving her 2 months notice. She has subsequently cancelled here DD for the rent without telling me and has stopped returning my calls/texts.

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    theartfullodger - thanks for the advice. I approached a solicitor with the possibility of a section 8 in mind and they suggested a "letter before action" instead. They only charged me £10 for this and the tenant miraculously managed to pay me the next day. I think this is a good way of showing that you mean business without going as far as serving a section 8. When I said 1 month notice I meant either with a section 8 or standard notice depending on the legal advice I received from the solicitor. I wanted to know how long it would take to get her out if we did go down the section 8 route. If it is a quick process then it might have been worth my while doing it otherwise I would have probably tried to talk sense with her instead. As it turned out it wasn't necessary.Thanks.

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