Ending Assured Shorthold Tenancy - Section 8 or Section 21 and timing

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    Ending Assured Shorthold Tenancy - Section 8 or Section 21 and timing


    I have an assured shorthold tenancy agreement ( fixed term for 6 months) that commenced on 12th Nov 2012 and ends on 11th May 2013. It is a joint tenancy. One of my tenants was working full time and the other working part time at the time we took them as tenants after successful credit checks and references. However 2 months into the tenancy it seems due to a medical condition, the tenant working full time was unable to work and signed off from work for a few weeks. Due to financial difficulties the tenants had to claim housing benefit. The housing benefit claim as we are told was made by our tenants in early Feb 2013 but it the claim was lost and housing benefit had no record of it. They then had to do a second claim in the end of Feb 2013. As a result they are now in 2 months of rent arrears. I wish to seek advise as to whether I should serve section 8 notice ( as the rent arrears are over 2 months) or section 21 notice or both and when? I am aware If I serve the section 21 notice it needs to be a minimum of 2 months from the date it is served. So for eg if it is served on Monday,18th March, could the expiry date of the notice be 21st May 2013 ( allowing the full 2 months and 3 working days for the postage)?

    Also should I wait for the housing benefit to come through before serving the section 21 notice, just in case my tenants get vindictive and angry and destroy my property? Or should I serve it with immediate effect anyway so atleast I get back posession of the property as I am not sure when the housing benefit will be processed and whether their claim will be successful?

    Also if I serve the section 8 notice, whilst they are in the process of claiming housing benefit, will there be any point? Will the judge simply overrule this as the tenant was incapacitated and in the process of claiming benefits?

    I do not believe everything they are telling me and my tenants are not very trustworthy, in fact one of them is extremely difficult to deal with. Hence any advise on dealing with this situation would be very helpful?

    Serve both a Sec 8 and Sec 21 asap.
    The Sec 8 to have at least 14 days notice, the Sec 21 to have at least 2 months notice. Allow at least 2 working days for postage.

    Did they pay a deposit?

    Incapacitated people are still required to pay rent.
    Allow tenants to protect their own deposits. I want free money when they do it wrong


    Latest Activity


    • Reply to Joint tenancy agreement, 1 tenant has already moved out
      by DoricPixie
      In the opening post you said there was 6 month fixed term AST with both your niece and her now-ex-partner named as joint tenants. Now you are saying there was never a tenancy agreement drawn up.

      With the benefit of hindsight it would have been better if you'd had your niece pay money into...
      27-10-2021, 06:33 AM
    • Joint tenancy agreement, 1 tenant has already moved out
      by Yorkie2020
      Good evening all,

      I wonder if I could get some advice on ending an AST tenancy in England.

      Originally a 6 month AST last Sept between my niece and her partner, I foolishly listed both on the AST as joint tenants and didn't list him as a permitted, there was no deposit paid....
      20-10-2021, 19:44 PM
    • Reply to Joint tenancy agreement, 1 tenant has already moved out
      by Yorkie2020
      Guess I've been very lucky this time. My niece has informed her partner that she is ending the tenancy and signing up for a new one in her name only and he is ok with it. She did point out that he will no longer be responsible for any more rent or bills when it's totally in her name.
      27-10-2021, 02:02 AM
    • Reply to Increasing rent
      by jpkeates
      There may be something on the NRLA website, but I don't know of a standard template.

      To be honest that clause doesn't seem to help you a lot, it stops you using a s13 notice (I'd wrongly assumed that because it said "may" you'd be able to) but doesn't actually help you with an...
      26-10-2021, 17:37 PM
    • Increasing rent
      by Berlingogirl
      Tenancy start date May 2020 in England. 6 month initial AST.
      My tenancy agreement says
      “The landlord may increase the rent after the first 52 weeks of the tenancy…..”
      Is there a specific form I should use?...
      26-10-2021, 13:33 PM
    • Reply to Increasing rent
      by Berlingogirl
      Thanks jpkeates, I looked at the form 13 but that’s for if you don’t have anything in your tenancy agreement with regard to a rent increase. Is there a pro forma for a rent increase if there is a condition in your TA?
      26-10-2021, 17:05 PM
    • Reply to Increasing rent
      by jpkeates
      If the tenancy is now an SPT, and you want to be ever so formal (and impose the increase without any agreement), search for form 13 (which is called something else on the government's tenancy forms page).

      Otherwise, you just need to get the tenant to agree and start paying the new rent...
      26-10-2021, 13:58 PM
    • Reply to Advanced rent and S21 Notices
      by jpkeates
      It is quite likely that the 2 additional months might be seen as a deposit, unless the tenancy agreement is very specific about the initial payment being for months 1, 5 and 6.

      If it is a deposit, you won't be able to use a s21 notice without returning it and the deposit will be unlawful...
      26-10-2021, 08:35 AM
    • Advanced rent and S21 Notices
      by Shorif908
      Hi All,

      I have recently had new tenants move in.
      the estate agent did the whole thing and put them in.

      The arrangement with rent payments was this. 6 months AST Tennants pay last 3 months rent in advance and then make 3 monthly payments in advance. Ie start of the month....
      26-10-2021, 08:06 AM
    • Reply to Advanced rent and S21 Notices
      by Lesney Park
      BUT to answer your question, yes the 3 months very much look like an unlawful deposit, being for a non-defined period (the last 3 months of a tenancy). If it is for a specific 3 months, its a bit lesss grey but then I'm wondering what you hope to achieve...
      26-10-2021, 08:35 AM