How to start eviction when in periodic tenancy?

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    How to start eviction when in periodic tenancy?

    Hello, I have a tenant who is in the second year of tenancy. He has a 12 month Fixed Contract which started in September 2014 and ended September 2015 so is now a periodic tenancy. I did serve a Section 21 a min 2 months prior to the end of the fixed term.

    Early this year I started to received complaints from the managing agents who had themselves been receiving complaints regarding excessive noise. As a result of these complaints I have written to my tenant to explain he is in breach of his contract and advising that unless he 'quietened down' I would have to evict him.

    The noise remains and I myself witnessed it.

    What should I do if the Managing Agents insist I evict? How do I evict in this instance please. Do I have to serve a Section 8 notice? Thanks for any help.

    #2
    No need for section 8. Act on the section 21.
    Any advice I give is my opinion and experience, I am as you also learning.

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      #3
      Has the Section 21 already served expired? It would have been served some time in July 2015 I guess and I'm not sure whether the Oct 2015 legal changes cover retrospective notices as well as new ones?

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        #4
        It doesn't affect them.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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          #5
          Originally posted by sunnyp View Post
          No need for section 8. Act on the section 21.
          The Section 21(1)b was dated 30 May 2015, the fixed term ended 7 September 2015.

          Do I just go through the Court accelerated possession procedure or do I need to give the tenant a further 2 months notice quoting the section 21?

          Sorry, not sure at all of the procedure.

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            #6
            You fill out court form N5b now. Include all papers asked for and a cheque for £355.00
            Allow tenants to protect their own deposits. I want free money when they do it wrong

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