Section 21 Help!

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    Section 21 Help!

    I know this is talked about sooo often but I need help.

    Tenant is in a periodic tenancy. His been there since 04 and has never renewed his contract. He ALWAYS pays his rent late and goes into arrears by 2months and then pays up.

    I dont want to issue a section 8 when he is in two months arrears because he will just pay up.

    Im going for the section 21 and I know you must issue it on certain days etc. I need to issue it before he pays right? But if he never pays right how do I know when to send the section 21? Can I just send it today?

    His original contract started on the 5th of the month? Do I go by that?

    Please Help! And sorry for keep bringing up the section 21 thing!!!

    Section 21

    Click on the link above which says Agreements - you need Possession Notice - Section 21(4)a
    The possession notice has nothing to do with rent or rent owing.
    You can serve it any time. You must give 2 full months' notice and the notice date must be for possession of the property after the last day of a tenancy period - in your case the 4th of the month. This means the actual period of notice may be in excess of 2 months.
    If the tenant does not leave you will need to seek possession through the courts.
    Rent arrears will have to be followed up through the Small Claims Court.


      You could (some would argue should) also issue a Section 8, as there are several grounds not just being 2 months late (section 8), that would apply. Usual grounds are 8, 10 and 11.
      Go to Housing Act 1988 (but bear in mind amendments to the act) and take a look at the grounds. Section 11 sounds like the key one for you. Sections 10 and 11 are not mandatory.


        so let me get this straight..

        my section 21(4a)

        needs to be dated to end on the 4th of January


          The line should read "after the 4th of January"

          Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.


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