How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7430
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Hi, I have tenants who are now on a (month by month) periodic arrangement a

This answer was rated:

Hi, I have tenants who are now on a (month by month) periodic arrangement as AST ended 1st Jan. They are approx 5 months in arrears, and I would now like possession of the property and to try to recover rent owed. What notice do I need to serve to them? In total they oew approx' £10k. Thanks



Thanks for your question.


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.


You can download a template for the above from one of the online document providers. It is very important that the notice is in the correct form, if it is not then a Court may not grant an order for possession. Allow three working days for postage and send by registered post, keep the proof of postage. You may also consider serving it personally on the Tenant with a further witness.


Once the notice period has expired and if the tenant has not vacated then you 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 you wish to get a money judegment against the tenant at the same time as the order for possession then they cannot use the accelerated procedure. I should have thought it sensible to get a money judgement against them in view of the considerable rent arrears.


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.


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

Kind regards,



Customer: replied 5 years ago.
Thanks for your answer. Could you provide a link to the appropriate letter? Thanks



As solicitors we have access to professional document services (which I can't attach for a variety of reasons). I've heard Landlordzone are fairly good for members of the public, you will have to register though:-


I would also read their notes on service on the above page.


Hope this clarifies, if so please lcick accept.



Customer: replied 5 years ago.
Can I not just serve a 'standard' notice (as if there were no arrears) - 1 month? Or does this put me at a disadvantage in terms of recovering money owed?



No, if there are on an assured shorthold tenancy which is now a statutory periodic tenancy you must serve either a s21 notice (two months with such notice to expire at the end of a rent period) or a s8 notice citing one of the grounds.


If the notice you had previously served is a s21 notice then you could apply for an order for possesion, but I should think the safest way forward if you are in any doubt as to the legality of the earlier notice would be to serve a s8 notice now on the basis of their rent arrears.


Please click accept. I shall continue to answer your follow up questions.


Kind regards,



Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 5 years ago.
I'm pretty sure that the section 21 I served is fine. Could it be a problem that their deposit is not in a protected scheme though? (they have been there for 5 years so it wasn't mandatory at the time of the first AST).

Also, Is it definitely possible to serve a section 8 during the periodic tenancy as most of the things I have read refer to doing that during a fixed term?

Yes, the subsequent renewal of the AST makes it a requirement for the deposit to be lodged. This could be a problem if the tenant raise it. My advice would be to lodge the deposit in a scheme now.


s8 notice can be served at any time.


Thanks for your kind accept.



Customer: replied 5 years ago.
Tom, quick folllow up. Should I only rely on ground 8 even though grounds 10 and 11 also apply?



You should rely on all grounds open to you - ground 8 is the most effective but if you are able couple this with 10/11 then you should do so


Customer: replied 5 years ago.

I sent it yesterday, relying on all three grounds. I'm sure I have done evrything correctly, except I forgot to attach the separate schedule of payments made that I refer to in my reasons for relying on the grounds. How do I rectidy this - send separately by reg post with letter, issue new section 8 with explanation letter?



Related UK Property Law Questions