section 8 or section 21 or both?

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    section 8 or section 21 or both?

    Sorry I have tried reading up on this but the more I read the more I confuse myself. Any help/advice appreciated

    -Tenant moved in 6/9/18 on 6 month AST
    -Rent £560PM due on/before 6TH of month
    -Deposit secured with DPS prescribed info given, along with right to rent stuff,copy EPC and copy gas safety cert etc
    -Rent received as follows
    £560 on 6/9/18
    £560 on 7/10/18
    £300 on 8/11/18 and £260 on 10/11/18
    £560 on 7/12/18
    £160 on 7/1/19 and £400 on 10/1/19
    £360 on 12/2/19
    Nothing since

    I sent polite text reminder 7/2/19 when rent had not been received, tenant replied saying he wanted a chat, went to see him 10/2/19 and he agreed to pay £360 on 11/2/19 which he did on 12/2/19.
    he explained he had a new job starting 18/2/19 and it was therefore verbally agreed he'd pay £200 owing for Feb rent and as much as he was able to for March on 6TH March. This has not happened. He is now £760 in arrears.
    He is now ignoring all texts, I have been to property and it appears he is still living there (car parked although curtains constantly closed).
    I have tried calling him etc. A week ago I put a reminder letter through his door about the arrears, asking him to pay, or contact me if he was having financial difficulty- no response.
    I was planning on sending a second letter today, again pointing out he is in arrears and suggesting instalments but I'm now wondering if I should do a section 21 and/or 8. To be honest until this point he has been fine and although his rent has had to be chased up there has never been a problem.
    Thankyou for your time reading this.

    #2
    He now has a periodic tenancy so if you have complied with all the pre-requisites, (GSC, EPC, How to Rent, Deposit & PI etc) you can serve a s21 notice which is usually preferred as you are guaranteed possession if you get all the admin right

    Comment


      #3
      Originally posted by JSAVAGE View Post
      I'm now wondering if I should do a section 21 and/or 8.
      Both?

      You don't have to take court action just because you've served notices, but you can't if you don't serve the notice at all.
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

      Comment


        #4
        Yes I would serve both. If they are late paying you don't want this tenant.

        Comment


          #5
          Thankyou all for your help, however, on just rechecking section 21 it appears (I think) I can now not use this.

          The reason for this is the area in which the property is in is within a 'Selective licensing' area. The area has only just become a selective licensing area and as such landlords have until April to apply for a license (although they will be back dated to scheme start date in January) I applied for mine approx. 1 month ago but it has yet to be processed/granted. For a section 21 notice it specifically states no section 21 maybe given while the property is unlicensed and a license isn't pending. I am confused whether I need to wait for it to be granted first or as it is pending the section 21 would be valid?

          I can not see anything about section 8 requiring license to be finalised, can anyone advise?

          In tenancy agreement it states the tenant "must permit landlord at reasonable hours in the daytime to view the state and condition of the property" does anyone think it would be worth giving tenant a weeks notice of a check, reminding him it is in the tenancy agreement, with the hope he will either allow access, or have left by then.

          Comment


            #6
            I think the licence pending condition is to cover your case, i.e. if you have applied, but no decision has been made, you are in the clear.

            Comment


              #7
              That is what it means yes.
              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

              Comment


                #8
                You cannot yet issue S8 on G8 but you can issue on discretionary grounds.

                It is not worth going to court on discretionary grounds alone, but t might prompt tenant into paying you.

                Comment


                  #9
                  Thank you everyone for your help

                  Comment

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