S8/S21 or both?

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  • S8/S21 or both?

    I have a tenant who always pays late, her rent of 390.00 per calander month is due by 25 of each month, was AST now periodic, she also owes 300.00 in arrears. I want to issue her notice, am tempted to follow it through but am hoping it will give her a kick up the backside. Do not know which notice to send or if I should send both, to cover my back. She currently owes 390.00 for February and 300.00 arrears, rent due again 25 March.
    Many thanks for any replies.

  • #2
    You can send both notices. s8, g8,10,11, with which you give her 14 days before further action, providing she owes 2 months rent (effectively 1 month and 1 day = 2 months owed) this may fail if she brings the arrears below 1 month.

    S21 4,a. during a periodic tenancy. You are telling them you require possession after the 25th day two months hence. It must coincide with the end of a rental period.

    Neither of these is an eviction notice, if the tenant does not leave you have to take further action.

    Search 'sword of damocles' to learn more.

    check the 'rent due' date, it should always be paid before the end of the previous period and always use the word after such and such a date.
    I offer no guarantee that anything I say is correct. wysiwyg


    • #3
      L cannot use ground 8 unless there is rent of over two months unpaid; £390 + £300 is not, if rent is £390 p.m.
      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.
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