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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7473
Experience:  BA (Hons), PgDip, Practising Solicitor
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What do I issue a periodic tenant who should pay monthly but

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What do I issue a periodic tenant who should pay monthly but is in arrears and is not paying , a Section 8 or a Section 21

Hi,

 

How many months in arrears is the tenant?


Tom

Customer: replied 5 years ago.
He is over 6 months in arrears, the owner felt sorry for him as the tenant was off work due to an accident , he then said he had insurance money coming and promised to pay and promised to pay and never did . He is not even paying his current rent and I think enough is enough.

Hi,

 

Are you not the owner? Are you asking on the owner's behalf?

 

Tom

Customer: replied 5 years ago.
I am the company secretary the owner is the Director, I have now been tasked with dealing with this.

Hi,

 

If the tenant is over two months in arrears and the rent is paid monthly then the landlord can serve the Tenant a s8 Ground 8 Housing Act 1988 notice giving the tenant two weeks notice to vacate on this basis.

 

A s21 can be served at any time during a statutory periodic tenancy but the landlord must give the tenant 2 months notice with such notice to expire at the end of a rent period.

 

You can download a template for the above from one of the online document providers. Allow three working days for postage and send by registered post.

 

Once the notice period has expired and if the tenant has not vacated then the landlord must apply to Court for an order for possession. If there is a written tenancy agreement then the accelerated possession procedure can be used so that there is no need for a court hearing. If the landlord wishes to get a money judegment against the tenant at the same time as the order for possession then they cannot use the accelerated procedure.

 

If the tenant does not vacate following the order then you will have to apply to the Court for a warrant for execution so that the Court bailiffs effect eviction.

 

 

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