I understand that for a section 8 to be granted by a judge on the basis of rent arrears, at least two full month’s rent has to be outstanding. Can tenants can get round this by just paying a little of what is owed?
On the day of the hearing if there is less that two months’ rent outstanding then the order will not apply. However, all is not lost!
You can ask to the court to apply a suspended possession order on your tenant. This will introduce a payment plan, based upon their circumstances. For example, they may be ordered to pay the full rent plus an additional £100 a month until the arrears are paid off. This will result in two outcomes, with the landlord will receive all of the arrears, or the tenant will default on payments.
In this instance, the suspended order becomes a live possession order, and the landlord can file a possession application with a bailiff. If the tenant is a repeat offender, the judge may grant on grounds of 10 and 11 alone.
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