Tenants approaching 2 months' arrears - can we evict?

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We have had the same tenants in our (only) rental property for almost 6 years. They have always been erratic with the rent - they couldn't manage monthly payments so we agreed bi-weekly but they kept falling behind and by Jan this year they were about 6 weeks in arrears. I should add that last July they missed a payment altogether (350) - they insist that they did pay this amount but lost the payment receipt - we can of course prove that it never reached our account!

It became very difficult to work out when the rent was going to be paid so we had a new agreement drawn up - starting in April they were to pay the full monthly rent on the 1st of the month, by standing order. To do this we had to 'lend' them the amount owed in rent arrears, and they're paying a small additional amount each month to pay us back - they have signed an agreement to this effect.

The latest is that they have been victims of bank account fraud, and could only pay half of the rent this month - their bank are sending a disclaimer for them to sign and we might not get paid for at least 2 weeks.

The upshot is that we would like to gain possession of our property, but their fixed term tenancy doesn't expire until March 2014. They are effectively 8 weeks late with the rent now, soon to be 2 months - will it be a problem that we have agreed a repayment plan with them for their arrears prior to the latest event?
05/06/2013 19:50

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