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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69379
Experience:  Over 5 years in practice.
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We have a tennant who is refusing to pay s rent. HE tells us

Customer Question

We have a tennant who is refusing to pay his rent. HE tells us he has lost his job but has been continously late through the whole tennancy (all 7 months). He is now over 2 months over due. His last message to us was telling us to issue a section 21 but we dont want to do this as it means he will be there even longer - should we issue a section 8.
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

Is he likely to have the money please?

Customer: replied 1 year ago.
I don't know. But he has always been slow to pay . His last text was demanding we issue a section 21 so he can go to the council
Expert:  Jo C. replied 1 year ago.

When should the AST end?

Customer: replied 1 year ago.
It was an initial 6 months which I believe has rolled on.
Expert:  Jo C. replied 1 year ago.

You need to issue a S21 notice otherwise you can't end the agreement.

You can and should issue a S8 notice as well in order that you can recover the arrears but it isn't really worth it from the point of view of getting him out. S8s are all very well but they mean you cannot use the accelerated possession procecure so it takes just as long to get to court.

That is always supposing you have to go to court as he may just leave.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
OK. So we can issue both a S21 and a section 8. He owe's a lot of money and I know we have approx £700 deposit of his secured at present but he owes in excess of this and I really want him out of the house asap.Do we need to issue a statement of his arrears first or can we just issue both the S21 and the S8.If we issue an S8 this would give him less time than a S21 or do they need to both be 2 months?Thanks very much for your help.
Phil
Expert:  Jo C. replied 1 year ago.

You need to issue both together.

You can rely on S8 as it does give a shorter notice period but then you cannot use accelerated possession procedure so it would be no quicker in the long run.

The purpose of the inclusion of S8 is that you can then recover the arrears at court.

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