UK Landlord Forum / Life

Hi All,

I have been renting my property for 14 months and everything had gone without hiccup. The last two months however things have changed, last month when the rent was due payment was received 3 weeks late this month it's now at 2 weeks with no communication on when or how this will be paid. I contacted my agent and said I think it's time to issue a section 8 ground 11 (repeated late payment of rent). They advised that I couldn't do this because they were not 2 months in arrears but my understanding is that's grounds 8. They also told me that only a solicitor can issue a section 8!? This is not what I have read, though I could be wrong.

Also since the new legislation regarding EPC my property falls below par. I have paid for a green deal assessment 2 months ago and as it stands they have not been able to arrange an appointment time. Despite reminders from the estate agency, as well as myself arranging a chimney sweep at the tenants request and despite ample warning the tenants were not present on 2 occasions that had been agreed with the them. Resulting in me having to pay due to wasted time. Is this also not a breach of contract.
Any advice will be gratefully received as I feel my head may expose!
Thank you in advance

Your agent don't know what they are talking about.

You are correct that ground 8 is 2 months arrears (for monthly rent), whereas ground 11 is persistently delayed paying rent. Ground 10 would also be relevant - some rent unpaid. If you want to tag on ground 12 breach of contract, feel free.

The notice is served by the landlord, or someone acting for the landlord whether that be the landlord's agent or legal representative. The claim for possession itself in court is what the agent couldn't do. A claim must be issued and dealt with by the landlord as litigant in person, or through a solicitor.

If your tenancy is currently a SPT, then it might be better - simpler and more effective - to just consider the Section 21 (no fault notice) route to eviction.

Thank you, that was what I believed but was confused by there 'professional' advice. Thank you you've put my mind at rest. Regarding court.... What do I need to do?

Well, that kinda depends on whether you end up going with s21 or s8.

S8 ground 8 (2 months rent owing) is mandatory possession and a quicker route than the S21 accelerated (takes 6-8 weeks to get a judgment after the expiry of 2 months notice).

S8 ground 10, some rent is owed, s11 persistant late payment (is 2 months persistant?)  Possession is not mandatory

S 8 has a 2 week period from serving the notice to expiry.  Then apply to the court for possession.

Mandatory does not equate to guaranteed, though... that's the real difference between a Section 8 and Section 21. Section 21 is for those who want a sure-fire thing and can, possibly, wait. You don't have to justify any reasoning (as we know) therefore it can be seen as a more guaranteed route (regardless of your evidence supporting your Section 9 Grounds).