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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6295
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have a tenant who was on a 6 month assurd short hold tenancy

Resolved Question:

I have a tenant who was on a 6 month assurd short hold tenancy which is now running periodic month to month. I wish to give him notice to end the tenancy on grounds of non payment of rent arrears. What is the procedure to end the tenancy & regain possession.
Submitted: 4 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Hi,


Thanks for your question.

 

If the fixed term of the tenancy agreement has now expired then it has become what is known as a statutory periodic tenancy. In order to evict the tenant you are still required to serve a s.21 Notice Housing Act 1988 on the tenant. You will have to give at least two months' notice and it must expire on the last day of the rent period of the tenancy, so if the rent period runs from 1st to end of month then it must expire on the last day of the month.

 

t is very important you use the correct notice, you can download it from www.lawdepot.co.uk


Failure to serve the correct notice may result in you having to start the process again.

If the notice period expires and the tenants have still not left then you will have to make an application to Court for an Order for possesion. If the tenants still ignore an Order of the Court you can request that the Court bailiffs remove them from the property so that you can regain possession.

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,

 

 

Tom

Customer: replied 4 years ago.
What about the section 8 notice? How does this come into things?
Expert:  Thomas replied 4 years ago.

You would serve a s8 notice if the tenant has defaulted in some way (persistent late payment of rent , two months rent arrears, mistreating the property citing the relevant ground.

 

The notice period is less for s8 notices then for s21 notices, but on the facts you stated above I assumed no tenant difficulties - have you had any?

 

If the tenant has been a 'good' tenant then you will not be able to serve a s8 notice and will instead have to serve the s21 as above.

 

Please kindly click accept, I shall continue to answer your follow up quesions.

 

Tom

 

 

Customer: replied 4 years ago.
No, the tenant is not a good tenant! He has 'rent arrears'. The local authority pays housing benefit for him (to me) but this does not cover all the rent. Each month he has to pay the difference but each month (for nearly 15 months now) he has not paid.....so the tenant is in arrears by nearly £2,000!
Expert:  Thomas replied 4 years ago.

Okay, if he has persistently paid rent late then you have grounds to serve a s8 Ground 11 Housing Act 1988 notice.You will have to give him two weeks notice, after which you can apply for an order for possession from the Court. You can get the form of notice from the website i mentioned earlier.

 

 

I would serve on the basis of two months rent arrear because of the slightly convoluted way in which the tenant pays his rent.

 

Also serve a s21 Notice just to hedge your bets.

 

I hope this clarifies, if so please kindly click accept.

 

Kind regards,

 

 

Tom

Customer: replied 4 years ago.
Sorry, but I'm still not clear. If I understand correctly, the section 21 (4) (a) just gives notice that I want the property back after a certain date....whereas the section 8 comes into play if the tenant does not vacate by the end of the notice period (because I can prove to a court that the tenant was in breach of the tenancy agreement by being in rent arrears. Correct? So if everything is cordial between me and the tenant...section 21 should suffice....but if tenant is difficult, section 8 comes into play. Correct?
Expert:  Thomas replied 4 years ago.

S21 allows you to regain possession at the end of or after the the fixed term but only upon giving two months notice.

 

S8 is used if the tenant has breached their obligations(rent ,repair) and can be used during or after the expiry of the fixed term of the tenancy but th enotice period is only two weeks.

 

They are independent remedies, you don't use s8 only after s21 has been used if that is what you were thinking.

 

You can use either or both (which is what I would do ).

 

If this has cleared things up please click accept.

 

Kind regards,

 

 

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6295
Experience: BA (Hons), PgDip, Practising Solicitor
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