Correct s8 possession form for "no fixed term" tenancy

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    Correct s8 possession form for "no fixed term" tenancy

    Hi

    I have a tenant who is more than 8 weeks in arrears. The AST agreement continues until either party terminates it. I wish to evict the tenant using s8 ( I will also serve s21) but note the following text on the s8 form.


    Do not use this form if possession is sought on the "shorthold" ground under section 21 of the Housing Act
    1988 from an assured shorthold tenant where the fixed term has come to an end or, for assured shorthold
    tenancies with no fixed term which started on or after 28th February 1997, after six months has elapsed.
    There is no prescribed form for these cases, but you must give notice in writing.
    As the tenancy has no fixed term it seems that it is not appropriate. Does anyone know the correct letter/form etc to send please?

    thanks

    #2
    Originally posted by JohnnyNoHair View Post
    The AST agreement continues until either party terminates it.
    Do you mean it is a contractual periodic AST? What does it actually say about this in the contract?

    Is rent payable weekly/monthly?

    Sorry, I've no idea what that advisory note means, and I've looked through s.7 and s.8 HA1988 for clues.

    Comment


      #3
      The rent is payable four weekly. The wording of the agreement is:

      A term certain of twenty eight weeks from XXX

      Upon expiration of the fixed period the term shall continue on a four weekly basis until either the tenant gives the landlord not less than 28 days written notice (excepting that termination by the tenant may not occur during the period 21 December - 04 January inclusive) or the landlord gives the tenant not less than two month’s written notice.

      Comment


        #4
        For 4weekly tenancies s8 g8 is not usable.

        S21 only I fear.

        Cheers!
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          thanks. As a matter of interest I am always confused as to the date to specify on a S21 notice. Is it the day the rent is due or the day that a rent period ends ie. the day before the rent day?

          Comment


            #6
            A term certain of twenty eight weeks from XXX

            Upon expiration of the fixed period the term shall continue on a four weekly basis until either the tenant gives the landlord not less than 28 days written notice (excepting that termination by the tenant may not occur during the period 21 December - 04 January inclusive) or the landlord gives the tenant not less than two month’s written notice.
            So there *was* a fixed term; 'a term certain' is a fixed term.

            But as artful says, you still can't use a s.8 notice citing the mandatory ground 8, because ground 8 doesn't provide for this frequency of rent. You could use the discretionary grounds 10/11, but you won't be guaranteed a possession order.

            Really, you're better off with s.21. N.B. as well as giving two calendar months' notice, the notice must expire at the end of one of the four-week tenancy periods (and the expiry date must be expressed as 'after [dd/mm/yy]".

            Comment


              #7
              Originally posted by JohnnyNoHair View Post
              thanks. As a matter of interest I am always confused as to the date to specify on a S21 notice. Is it the day the rent is due or the day that a rent period ends ie. the day before the rent day?
              The rent due date is not relevant. The notice must expire at the end of a tenancy period. These may often coincide with rental periods, but are not the same thing.

              Comment


                #8
                Thanks. That is very helpful.

                Comment

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