Tenant in arrears; should I serve s.8 or s.21 Notice?

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    Tenant in arrears; should I serve s.8 or s.21 Notice?

    I'm not usually this thick but the more I'm reading about Section 8 and Section 21 notices, the more confused I'm becoming.

    My situation is that my tenant has an AST which started 15.09.2008. On this date he paid me a months rent of £495 and the agreement was that he would then pay £495 on the 1st of every month which would mean he would be paying his rent about 6 weeks in advance. On the 1st of March 2009 he paid me £140 less than was owed and since then I have had no payments at all so on the 1st of May he will owe me more than 2 months rent. He won't answer the phone or reply to any correspondance I've sent him. I went to the house a week or so ago and although he wasn't in, there was a dog there even though the tenancy agreement says no pets and the neighbours approached me to say that the tenant was partying till all hours! He still hasn't been in touch and I want to evict asap so which notice do I need to serve? A notice 8 or notice 21 or both?

    Any help would be much appreciated. I had a tenant last year who owed me nearly £4000 in rent before she abandoned the property (and took my leather suite with her!) so I don't want it to get to that stage again!

    #2
    Originally posted by babycakes2k View Post
    I'm not usually this thick but the more I'm reading about Section 8 and Section 21 notices, the more confused I'm becoming.

    My situation is that my tenant has an AST which started 15.09.2008. On this date he paid me a months rent of £495 and the agreement was that he would then pay £495 on the 1st of every month which would mean he would be paying his rent about 6 weeks in advance. On the 1st of March 2009 he paid me £140 less than was owed and since then I have had no payments at all so on the 1st of May he will owe me more than 2 months rent. He won't answer the phone or reply to any correspondance I've sent him. I went to the house a week or so ago and although he wasn't in, there was a dog there even though the tenancy agreement says no pets and the neighbours approached me to say that the tenant was partying till all hours! He still hasn't been in touch and I want to evict asap so which notice do I need to serve? A notice 8 or notice 21 or both?

    Any help would be much appreciated. I had a tenant last year who owed me nearly £4000 in rent before she abandoned the property (and took my leather suite with her!) so I don't want it to get to that stage again!
    Please tell us:

    1 What is the fixed term of the AST?
    2 Did you take and protect a tenancy deposit?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #3
      Thank you for your response.

      The fixed period was 6 months (so came to an 14.03.2009) and no I did not take a deposit, that's why the tenant agreed to make an initial payment of 1 months rent plus the months rent on the 1st of every month.

      Hope you can help.

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        #4
        You can serve a section 21 notice now to end on the last day of a rent period at least two months hence. In theory that should be sufficient as it is mandatory grounds for possession.

        However, if you want a 'belt and braces' job, then on 1st May (assuming at least 2 months' rent owed), you can also serve a section 8 grounds 8, 10, 11 and 14 (antisocial behaviour, as long as you have witnesses/evidence).
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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          #5
          If g14 is used, alone or with others, there is no need for any Notice period at all- simply serve Notice and immediately 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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