The Importance of Prescribed Information (Yet Again!)

Ayannuga v Swindells (2012) CA (Civ) 6 READ THE FULL IN-DEPTH ANALYSIS OF THIS CASE HERE Below is a news item summary of the case at the time. See the link above for analysis of this case.   There has been a couple of reports about this very important tenancy...

What Happens if Payment is Made on Day of Hearing?

When a tenant falls into rent arrears, a landlord has the option of serving a section 8 notice on the tenant. This is particularly used if the tenant is 8 weeks in arrears (if the rent is weekly) or two months in arrears (where the rent is monthly). This is often...

Right to Set Off

Fearns (t/a “Autopaint International”) v Anglo-Dutch Paint & Chemical Company Ltd & Ors [2010] EWHC 2366 (Ch) Set off One of the main problems of the notice seeking possession (section 8 notice) usually used for rent arrears claims is the tenant’s make a...

Proving Rent Arrears

When a section 8 notice has been served on the ground of two months rent arrears ( ground 8 ) and proceedings commenced, a landlord must prove at the court hearing that the tenant was (a) two months in arrears at the time of service of the notice and (b) that the...

Seeking possession based on rent arrears (Rent Act tenancy)

Introduction A Rent Act Tenancy is technically either a “Protected Tenancy” or a “Statutory Tenancy”. Collectively they are known as “Regulated Tenancies” [s18]. As long as it is in existence, a protected tenancy is contractual in...