Section 21 and 8

[alidee]

Apologies in advance as I'm sure I could find this info on here but I need a quickish answer.
I have a tenant who persistantly pays rent late and failed to pay on 21st May. He was very apologetic and says was banks fault and that he would sort it and call me. That was last Friday !! I have been trying to contact him all week - left texts, voicemails and letters but had no reply.
Have served a S21 today as it's getting silly now. His next rent is due on Monday - can I then issue a S8 as he's then 2 months in arrears?
When I have done this before i have issued both at the same time but is it ok to issues at different times?
Many thanks
Alidee

[jeffrey]

I post repeatedly (but no-one ever learns) that 'in arrears' is irrelevant for T on a rent payable weekly/fortnightly/monthly.
The alternative, applicable here, is 'rent unpaid'- not the same thing! Read ground 8's wording. Here it is again, with my usual underlinings:

Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing:
(a) if rent is payable weekly or fortnightly, at least eight weeks’ rent is unpaid;
(b) if rent is payable monthly, at least two months’ rent is unpaid;
(c) if rent is payable quarterly, at least one quarter’s rent is more than three months in arrears; and
(d) if rent is payable yearly, at least three months’ rent is more than three months in arrears;
and for the purpose of this ground “rent” means rent lawfully due from the tenant.

[alidee]

Thanks for your quick reply Jeffrey and your patience. So yes I can serve the section 8 on Monday ?
Sorry for being a dingbat and I can't wait to find a better and easier way of making money.
Thanks again
Alidee

[thesaint]

Thanks for your quick reply Jeffrey and your patience. So yes I can serve the section 8 on Monday ?
Sorry for being a dingbat and I can't wait to find a better and easier way of making money.
Thanks again
Alidee

You can serve a sec 8 at anytime, but it depends on what grounds you are using.

[alidee]

He didn't pay his rent on 21st May and looks very doubtful that he will pay it on 21st June as there has been no contact so he will then have at least two months rent unpaid ( well he will on the 22nd June)
Alidee

[jeffrey]

(Sigh) Once T owes at least two months' rent, serve a s.8 Notice using grounds 8/10/11.

[Snorkerz]

And yes, you can run the two in tandem. Hopefully, you will get possession with your s8g8, but if not, by the time that is turned down your s21 should be ready to expire.

[alidee]

Thanks everyone once again for your answers