Rent arrears/s.21 served; can s.8 also now be served?

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  • Rent arrears/s.21 served; can s.8 also now be served?

    Hi, 2 questions on related topic:

    1 ) does anyone know whether a section 8 notice can be served after a section 21 notice has been served? Tenants have rarely paid on time and now owe more than £2500. Section 21 expires mid June but suspect tenants will not move out voluntarily and will meanwhile continue not to pay. To minimise rent arrears can a section 8 now be served as well?

    2) There are letting agents (a national company) but they have been useless in chasing for unpaid rent. They also obtained what purported to be a guarantor's letter but which is not valid therefore of no use. Can anything realistically be done against them to recoup some of the losses the landlord has made, for which they are partly responsible due to their incompetence?

    Any advice would be very helpful.

  • #2
    Originally posted by hilary View Post
    Hi, 2 questions on related topic:

    1 ) does anyone know whether a section 8 notice can be served after a section 21 notice has been served? Tenants have rarely paid on time and now owe more than £2500. Section 21 expires mid June but suspect tenants will not move out voluntarily and will meanwhile continue not to pay. To minimise rent arrears can a section 8 now be served as well?

    2) There are letting agents (a national company) but they have been useless in chasing for unpaid rent. They also obtained what purported to be a guarantor's letter but which is not valid therefore of no use. Can anything realistically be done against them to recoup some of the losses the landlord has made, for which they are partly responsible due to their incompetence?

    Any advice would be very helpful.
    1. Yes. Section 8's Notice period is two weeks only, on most of the usual grounds; s.21's is always at least two months.
    2. Yes. Are they perhaps in breach of Agency Agreement obligations?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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