help with terminating at the end of an AST

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    help with terminating at the end of an AST

    I was (un)happily filling out a section 8 notice to serve on my tenant on grounds 8, 10 and 11. But then after speaking with a friend who is a magistrate I’m unsure whether I’m doing the right thing, or going down the s8 route unnecessarily. Here’s a brief summary:

    T was originally in receipt of HB, this was stopped and subsequently she stopped paying here rent.
    1st 6 month AST was fine, 2nd 6month AST she began to fall behind but continued to make irregular payments. 2nd AST ends, I decided to renew for a further 3 months as she demonstrated she could repay the arrears, and with a complicated set of personal circumstances and a young child I nervously agreed. She signed an agreement to repay the arrears which set out the agreed repayment schedule (which she immediately broke) and consequential non-renewal at the end of the 3 month AST if she didn’t fulfil the repayment agreement.

    Now T is a total just over 3 months in arrears, even though she’s paying the odd bit here and there. The 3 month AST will expire at the end of July so do I serve the s8 or simply inform here in writing that the tenancy will not be renewed and pursue her afterwards for the arrears, or do I run into problems with that?

    #2
    You need to use either section 8 or section 21 - you can not just 'end her tenancy' without a court order.

    From the information provided, section 8 seems to be your best bet as it is cheaper if commenced online (www.possessionclaim.gov.uk) and will include a court order for the missing rent.

    You may ultimately need to employ court bailiffs as even with a court order, you can not remove the tenant yourself.

    FWIW - A Magistrate deals with criminal law, so may not have much experience in tenancy matters (which are civil law).

    Comment


      #3
      Thanks Snorkerz, I thought I was doing the right thing. As you pointed out Magistrates deal with criminal law, but I think of him as being much wiser than me!

      So i cannot serve a notice to quit, even though the AST ends 31/7? Simply the S8 and crossed fingers....?

      Comment


        #4
        What is commonly refered to as a 'notice to quit' is a section 21 notice. This requires 2 months notice and would then need to be followed up with court action and bailiffs like a s8.

        The only advantage of a s21 in this situation is that it doesn't usually require a court hearing - it is decided on paper. This does make the cour process slightly quicker, but

        Disadvantages...
        Longer Notice
        More Expensive
        No order for missing rent

        Comment


          #5
          But s.21 does not require L to prove any shortcomings on the part of T- merely that a correct Notice was duly served.
          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).

          Comment


            #6
            Originally posted by jeffrey View Post
            But s.21 does not require L to prove any shortcomings on the part of T- merely that a correct Notice was duly served.
            True, but OP has already identified that he is in a position to issue s8 g8 so proving the shortcomings isn't an issue.

            Comment


              #7
              Yes. I was merely expanding on the summary in your post #4.
              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).

              Comment


                #8
                Originally posted by shed_buyer View Post
                The 3 month AST will expire at the end of July so do I serve the s8 or simply inform her in writing that the tenancy will not be renewed and pursue her afterwards for the arrears
                Not renewing the tenancy doesn't end the tenancy.

                When a fixed term AST expires, and the T remains in occupation, and no renewal contract is signed, then the tenancy automatically becomes a statutory periodic tenancy. The terms in the fixed term contract remain in place, except for provisions relating to notice.

                Comment


                  #9
                  Yes; AND the six-month rule will not apply (because the three-month AST is a 'replacement tenancy' as defined).
                  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).

                  Comment

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