UK Property Law
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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.
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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.
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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.
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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 ).
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