is it too late to serve a section 8?

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  • is it too late to serve a section 8?

    I have a bad paying tenant and to be honest left it quite late to take the neccessary action. I have learned that if a tenant is more than 2 months overdue on rent and still within the 6 month AST its advisable to serve a section 8. Firstly is this my best option? secondly the AST is over in 2 days time, otherwords his tenancy ends on 10th April - is it still possible to serve a section 8 with such a short time left?
    Last edited by frankj; 08-04-2008, 09:42 AM. Reason: started off with 'its' meant to be 'is'

  • #2
    Originally posted by frankj View Post
    I have a bad paying tenant and to be honest left it quite late to take the neccessary action. I have learned that if a tenant is more than 2 months overdue on rent and still within the 6 month AST its advisable to serve a section 8. Firstly is this my best option? secondly the AST is over in 2 days time, otherwords his tenancy ends on 10th April - is it still possible to serve a section 8 with such a short time left?
    1. You can serve s.8 Notice, using grounds 8/10/11. After two weeks more, you can begin proceedings. Expiry of AST's fixed term is irrelevant in this case.
    2. You can also serve s.21 Notice. If this is done on 8/9/10 April, i.e. during fixed term, it is under s.21(1)(b). After two months more, you can begin proceedings.
    3. If you have not served s.21 Notice on or before 10 April, you can thereafter serve under s.21(4)(a). In that case, the Notice runs for at least two months plus to rent period end. A Notice served on any date 11 April-10 May, for instance, would demand possession after 10 July.
    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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    • #3
      thanks jeffrey, what about if I served a s.8 after AST is over, i.e. April 12th, does that mean I can still start proceedings after 14 days? or because he's now a periodic tenant do I have to wait 2 months as in s.21?

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      • #4
        Originally posted by frankj View Post
        thanks jeffrey, what about if I served a s.8 after AST is over, i.e. April 12th, does that mean I can still start proceedings after 14 days? or because he's now a periodic tenant do I have to wait 2 months as in s.21?
        The s.8 Notice is not governed by the s.21(4)(a) rules. I did explain that term expiry is irrelevant.
        Simply serve under s.8, wait two weeks, and then apply.
        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).

        Comment

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