Section 8 or 21(4)(a) or both?/

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    Section 8 or 21(4)(a) or both?/

    Forgive me if this has been posted before but I need some help??

    I have a tenant that has occupied my property for the last 4yrs, they have been persistantly late in paying their rent, have never set up a SO or DD as they have incured charges for insufficient funds previously. They have also breached their terms on the grounds of subletting to students, having pets in the property to name but a few. I have given notice 4 weeks ago to terminate the tenancy agreement, 10 days before this is up they have now written to me stating that they have no intention of leaving (even though they have texted stating they would vacate the property prior to the termination date) and now in order to get them out legally they want an eviction notice from the courts!!

    Do I serve a Section 8, a Section 21(4)(a) or both?

    Due to personal circumstances and other pressing matters, I only have a signed AST for 12 months dated 15th July 2007 which has now obviously lapsed and therefore the tenant is now on a periodic AST.

    Any help would be gratefully received.
    Thanks

    #2
    Please confirm, is the tenancy in England/Wales with rent less than £2,083.33 pcm?

    Did T pay a deposit and is it protected in a scheme?

    Is rent due monthly, and what date was the last day of the fixed term signed in July 2007?

    Comment


      #3
      Tenancy is England/Wales with rent less than £2083.33 pcm
      T paid a deposit but prior to the new protected scheme
      rent due monthly on the 15th of the Month
      date fixed term signed was 17/09/07.

      Comment


        #4
        Rent due and AST start dates are not necessarily the same. What date did the AST start 15th or 17th?

        For an AST start of 15/09/07, and fixed period of 12 months, the fixed term ended 14/09/08 and the SPT started 15/09/08.

        1. You can issue S21(4)(a) giving at least 2 months notice. So if issued today 09/03/10 or anytime up to 12/03/10 (allowing 48 hours for posting), the effective date would be AFTER 14/05/10, which is 2 clear months ending on the last day of the period of the tenancy. See Serving S21.

        2. To get mandatory possession with the S8 route, you would need to use one of the 8 mandatory grounds (1-8), particularly on ground 8-2months/8 weeks of unpaid rent. See Serving S8. The remaining grounds 9-17 are discretionary grounds, and you are unlikely to be granted possession. However, LL usually serve S8 on grounds 8, 10, 11 so that if T brings the level of unpaid rent down to less than 2 months, it is still possible perhaps for judge to grant suspended possession order.

        Have a look at the serving S8, to see which grounds would apply, in relation to the conditions that you think may have been breached.

        Comment


          #5
          Grounds 11, 12 & 17 have been breached on the tenancy agreement, at present T seems to know that if she was in rent arrears then possession order would be granted, however she has made sure that her rent has now been brought upto date, even though she is still late in paying it. No quick solution by the looks S21 it is!!

          Thanks for your help.

          Comment


            #6
            Originally posted by Mugwart99 View Post
            I only have a signed AST for 12 months dated 15th July 2007
            T paid a deposit but prior to the new protected scheme
            date fixed term signed was 17/09/07.
            Do you mean the fixed term was signed 15th July 2007 or 17th September 2007?

            What was the LAST day of the fixed term?

            Deposit protection began on 6th April 2007. If you received a deposit and did not protect it, a s.21 will not be valid.

            Comment


              #7
              Original tenancy agreement was issued on 15th July 2006 for a 12 month period, therefore prior to the new deposit protection system. On expiry of the 12 months, a further agreement was drawn up for continuation for another 12 months(15th July 2007). Last Day of the fixed term would have been 15th July 2008, since then I have assumed that the tenancy just rolled onto a periodic tenancy month to month and did not re-issue a continuation of contract to her for another 12 months.

              Comment


                #8
                Originally posted by Mugwart99 View Post
                Original tenancy agreement was issued on 15th July 2006 for a 12 month period, therefore prior to the new deposit protection system. On expiry of the 12 months, a further agreement was drawn up for continuation for another 12 months(15th July 2007). Last Day of the fixed term would have been 15th July 2008, since then I have assumed that the tenancy just rolled onto a periodic tenancy month to month and did not re-issue a continuation of contract to her for another 12 months.
                Yes, it's a periodic tenancy. But if the renewal for 12 months started on 15th July 2007, it should have ended on 14th July 2008? It's important to get this right, as a s.21 notice in a periodic tenancy has to expire/seek possession after the end of a rental period. The periods begin on the day after the fixed term ends. So, in your case, if the last day was 14th July, then the periods would run 15th - 14th of the month.

                However, I'm afraid you need to protect the deposit before you can issue a s.21. Use the DPS, not one of the two other schemes, i.e. TDS & mydeposits (this is essential).

                See this thread for further info on a pretty similar situation to yours, and for why you need to use the DPS.
                http://www.landlordzone.co.uk/forums...ad.php?t=26660

                Comment


                  #9
                  If you are getting the rent paid at least, depite being persistently late, better to protect T's deposit and issue s21. This might have the effect, though, of T not paying at all, or paying small amounts if they are clever, in the knowledge that they will have to leave eventually. Be on your guard to collect rent payments on time, and serve S.8 if they happen to get over two months in arrears. This is based on my experience.

                  Comment

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