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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a landlord in Wales. My tenant are out of their fixed

Customer Question

I am a landlord in Wales. My tenant are out of their fixed term tenancy and are now on a periodic tenancy. They are nearly a month late in paying the rent. I would like to ask them to vacate the premises. Can I just send a letter giving them a months notice or do I have to go through the courts and issue a section 8 or 21.
Submitted: 4 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.
Hi

I'm afraid that notwithstanding that they are late with paying the went you will still have to serve the applicable s21 housing act 1988 notice which relates to ending a statutory periodic tenancy.

This is two month notice with such notice to expire at the end of a rent period.

You can download the correct format from any of the online providers for a small fee, they will also have notes on service which you should read.

If they do not leave at they end of the notice period you will have to apply for an order for possession from the county court. You can use the online service for this, just Google "possession claim online gov" to link to it.


If this has been useful please kindly click accept so that I am rewarded for my time. I will answer you follow up questions.

Kind regards

Tom.
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7258
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 4 years ago.

Do the tenents only need to give a months (statutary) notice if they want to vacate the premises? There is a cause in the contract that states 2 months notice to be given to the landlord even in the periodic tenancy. Is this legally binding or does it not apply as the fixed term period has elapsed?

Also would I need to do a s8 also to recover the unpaid rents?

Expert:  Thomas replied 4 years ago.

Hi,

 

The tenant's are only require to give one months notice on the case of a statutory periodic tenancy, with such notice to expire at the end of the rent period. This is regardless of any clause requiring further notice in the tenancy agreement.

 

A s8 notice is only required where you are seeking to recover possession on the basis of two months rent arrears (or other applicable grounds). If you wish to recover money at the same time as getting an order for possession then you can also request a money judgement but you would not be able to use the accelerated possession procedure in this circumstance.

 

Thanks for your accept.


Kind regards,


Tom

Customer: replied 4 years ago.
As I said previously the the june rent has not yet been paid and the july rent is due on th 15th. I necessary can I issue a s8/s21 on the 16th? If I issue a s8 or s21 will it count as a CCJ against the tenants? Will they be liable for my court expenses as well as rent arrears.
Expert:  Thomas replied 4 years ago.

You can issue the s8 notiice as soon as the tenant's are in arrears of two months rent, but not a moment before.

 

You can claim costs. The money judgement will be a CCJ, but the order for possession is just an order they vacate and as such would not be listed against their credit record as a CCJ.


Kind regards,


Tom

Customer: replied 4 years ago.
I do not need to give another 14days after the July rent due date to issue a s8? I have read this somewhere else.
Expert:  Thomas replied 4 years ago.
You will have to give 14 days notice under s8 once they are in two months arrears I'm afrad.
Customer: replied 4 years ago.
I am not sure I understand....I apologise for seeming ignorant. What do you mean 14 days notice under s8. Do I need to warn them that I a going to issue an s8 14 days prior to issuing it?
Expert:  Thomas replied 4 years ago.

No, don't say anything.

The s8 notice is a notice which requires possession 14 days after you serve it on the basis of (usually) 2 months rent arrrears. You don't need to tell them about it before you serve it.

 

Once they are in two months arrears you should download a s8 notice from an online provider and they will have notes on service.


Tom

 

 

Customer: replied 4 years ago.
okay many thanks for your time and advice. MUCH APPRECIATED.
Expert:  Thomas replied 4 years ago.

No problem.

 

Good luck .


Tom

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