Section 8 or 21

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    Section 8 or 21

    I have tenants who's contract ends 1st Dec 2012, they are on a short hold
    tenanacy agreement and have been in there almost 12 mths.

    They haven't paid any rent for the last 3mths.

    They haven't looked after the property very well and every time I request
    access they always say they can't be there. They have a dog that isn't very friendly.

    I am slightly confused about the procedure for evicting them, do I need to serve a section 21 first or can I just go straight to courts? They have already refused to leave at the end of the tenancy even if I serve them section 21.

    Many thanks for any help.

    #2
    If there are 2 months or more rent owing, you can issue a Section 8. After 14 days, apply to court.

    However, depending on what ground you use for the Section 8, the tenant can counter the application by paying up an amount of rent to reduce to less than 2 months owing. For a belt and braces approach, issue an S21 aswell, to back up the Section 8 if it fails. Section 21 must give 2 full months notice and be issued correctly to be valid in court.

    Please confirm:

    Exact tenancy start date?
    Exact date of end of fixed term?
    Was deposit taken?
    Have you protected it and given the tenants the prescribed information from the scheme used?

    There are templates for both S8 and S21 on the documents section of this site, but if you are in any doubt of the dates to use, wording and how to serve it correctly, please ask for advice, otherwise you may sit back thinking your notice time is ticking away, but it may not be accepted by the courts if there are any errors!

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