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.
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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.
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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.
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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.
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