I want to serve a Section 8 notice on grounds of rent arrears. It’s a joint tenancy but in practice, the two tenants split the rent.
Both tenants were on previous lodger agreements and there was a month’s gap between the expiry of the lodging agreements and signing a written AST. Your previous view was that there are three agreements: “First, lodger. Second, verbal AST. Third, written AST.” I want to claim for the arrears under both written and verbal ASTs.
One tenant is paying rent; the other is not so arrears are building up at half speed and I would still have wait a while to get to 8 weeks’ total arrears, unless I appropriate the initial AST rent to the previous lodging agreement arrears (as per a previous idea you offered), then I can claim 8 weeks arrears already.
My queries are:
- The lodging agreements were set up individually, i.e. there was one for each tenant. Might this confuse my right to appropriate arrears from a joint AST?
My schedule of arrears does not include the previous several weeks’ of lodgings payments. Instead I have a figure labelled ‘previous lodging arrears’ and I add this to the AST arrears. But might anything non-standard like this confuse the court if we get there?
It’s starting to sound complicated – should I engage a solicitor?