Advice on s.8 & s.21

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    Advice on s.8 & s.21

    Hi all,

    Long time lurker, first time poster. Would be grateful for advice on the below.

    Have a tenant on a AST which expired in July and has rolled onto a periodic tenancy. Over past 6 months rent has been delayed, partial and on two occasions unpaid. 2 months rent is missing but not consecutive (I.e. a payment was made in November but I viewed that as rent covering earlier arrears). Have made several offers to tenant to come to a payment plan but have received combative responses. Recently sent a polite rent demand letter/email and offer of a payment plan - no response received.

    Communication has now broken down. Understand from neighbours tenant hasn't been seen in property for at least 10 days.

    I understand from other posts that I can now issue section 8 and section 21 notice to run concurrently.

    My priority is to regain possession of the property. I am content to pursue the arrears through a separate money claim. He works in finance so I think the prospect of a CCJ should be enough to make them rethink.

    Would you advise s.21 and accelerated possession if he doesn't leave? Or section 8 plus claim for the arrears? If he hasn't been seen for at least a month, can I assume abandonment?

    My contract prescribed a 1 month notice period from landlord to tenant - can this override the s.21 required of 2 months notice?

    Thanks in advance.

    #2
    Your 1 month notice - landlord to tenant is invalid. It would have to be 2 months.

    Can you see into the property at all to see if T's goods have been removed? He may have gone on holiday. I would send a request to inspect the premises withing 24 hours and see what response you get.

    If you could get tenant to surrender the tenancy it would be faster than S21 or S8 but if no response from tenant I woud issue both asap.



    Freedom at the point of zero............

    Comment


      #3
      Originally posted by Hetty911 View Post
      My contract prescribed a 1 month notice period from landlord to tenant - can this override the s.21 required of 2 months notice?
      The legislation that creates the periodic tenancy sets the notice to be 2 months, overriding your tenancy agreement term.

      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        Serve both s21 and s8 today. He just might take s8 hint and start paying
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          theartfullodger Thanks. Just to check he now has a periodic tenancy and pays rent every 1st of month. So if I give notice tomorrow the date on it has to be 28th February, is that right? Note that s.21(4)(a) says the date has to be "the last day of a period of the tenancy and not earlier than [two months]"

          2 months from 7 December is 6 February 2022. The last day of tenancy is therefore 28th February. Have I interpreted it correctly? Or can it be 6 Feb (plus a few days to be sure).

          Thanks

          Comment


            #6
            Originally posted by Interlaken View Post
            Your 1 month notice - landlord to tenant is invalid. It would have to be 2 months.

            Can you see into the property at all to see if T's goods have been removed? He may have gone on holiday. I would send a request to inspect the premises withing 24 hours and see what response you get.

            If you could get tenant to surrender the tenancy it would be faster than S21 or S8 but if no response from tenant I woud issue both asap.
            Thanks - have now sent email asking to inspect it.

            Comment


              #7
              You don't have to make it the last day of the tenancy any more, (see Deregulation Act). Its a straight 2 months plus a couple of days for delivery if posting.

              Comment


                #8
                Originally posted by Hetty911 View Post
                [USER="19244"]Note that s.21(4)(a) says the date has to be "the last day of a period of the tenancy and not earlier than [two months]"
                Luckily, you're not serving notice under s21(4)a.
                The prescribed form serves notice under both "Housing Act 1988 section 21(1) and (4)".
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  s21 you want (Form 6a) is here...
                  https://www.gov.uk/guidance/assured-tenancy-forms

                  - or is there some reason you wwant the old sort??

                  Check it's valid here...
                  https://nearlylegal.co.uk/section-21-flowchart/
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                  Comment


                    #10
                    If you want to assume abandonment you will need good evidence that it has genuinely been abandoned and not just that the tenant is away for a period. search on the term in the forum and elsewhere for information and inspect the property. If you think it applies, I suggest you follow the procedure laid out in the Housing and Planning Act 2016, which although never enacted will nevertheless be more persuasive to a court in case the tenant claims you've evicted them.

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