advice please diehards

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  • advice please diehards

    hi all,
    i do apologise for being a silent member, this is due to me being a yr into my landlord apprenticeship and all my time is spent reading just about every post and learning.
    here goes... i have a hb tenant 4 months into a fixed 6 month ast (deposit was protected at on-set), term being 30th nov 07 - 29th may 08. the claim is still on going and the tenant has been very slow in returning paper work and at times very hard to get hold off and un-cooperative. i want to protect myself and issue her two months notice just incase the claim is still on going at the 6th month.
    am i right in saying that a recored delivery letter basically stating that i the landlord give you the tenant 2 months written notice to vacate the property on the 29th may and the letter i send has to be dated 30th march 08 (6 days ago) 0r the 29th march 08. is this the correct way to go about things or do i require s8/s21 route. i need to protect myself as i aint received a penny for 4 months.

    thank you all in advance for taking the time to read and share your knowledge and experiences.

    richard

  • #2
    There's plenty of posts on S.8/S.21 scenarios if you just scroll through the forum.

    You've missed the deadline for serving the s.21 Notice to be effective on 29 May but at the moment you can serve a S.21 (1)(b) - don't get it wrong, as you are still in the fixed term and can make it effective before 29 June.

    Just serve the Notice as you suggest by recorded delivery. If you did it tomorrow 7 April and put the date that you require possession as 11 June then it would be suffieicnt for service to be valid (I won't go into all the details). You can get a free S.21 form of this site from the home page under "forms", but use the right one as I've said.

    Your alternative to a quicker possession is because of the arrears serve a S.8 Grounds 8,10 & 11 on the tenant now, and you can apply to the court after 14 days.

    There is loads of info on this site as to the mechanics of S.8 & S.21
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


    • #3
      paul
      thank you for taking the time to reply, its very much appreciated. i have another scenario where the hb tenant is paying a £40 a week top up while the claim is going through. he is on a 6month fix ast and even though he is paying his top up can i still request possession after the fourth month so he vacates at the end of the term. if yes on what grounds.

      yet again thank you

      Comment


      • #4
        T has to pay rent. Funding source is only a secondary consideration. His arrears count against him, no matter why or how they arose.
        Do macro search re grounds 8/10/11 in Schedule 2 to Housing Act 1988. If one of them applies, or even > one, serve T under s.8 of Act.
        This Notice can be served at any time. The two-month requirement of s.21 is inapplicable to s.8. If T is still in arrears after two weeks fro ms.8 Notice, begin proceedings.
        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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