Question

Rent Arrears caclulation

by | 13 Jun 2018

Hi,

Thanks for your advice earlier.

I am using the Wizard on the website to serve Section 8 notice to my tenants. The AST commenced on 21st April and prior to that, there was a 3 month lodgers agreement in place. The tenants are meant to pay weekly.

  1. There were already some arrears before the AST commenced. Can I consider these as contributing to the 8 weeks arrears required to claim/cite mandatory grounds? Or am I only able to consider ‘new’ arrears, i.e. those arising after the start of the AST?

  2. I have just realized there was a month gap after the expiry of the lodgers agreement and the start of the AST. Does this affect the legal basis of the AST.

Thanks in advance.

Mark

Answer

1 Comment

  1. guildy

    From what you describe, there’s effectively three tenancies.

    First, lodger. Second, verbal assured shorthold. Third, written assured shorthold.

    We think it would be risky to include anything from the lodger agreement because the grounds are referring to rent due under an assured [shorthold] tenancy.

    Therefore, the rent could include the verbal and written ASTs.

    As a further thought, you may be able to say that any money received during the verbal or written AST wasn’t actually for rent for those agreements but was instead paying off the old lodger agreement debt.

    Please see here for the law of appropriation

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