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Jo C.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice.
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If a joint ATS agreemment is coming to an end with a month

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If a joint ATS agreemment is coming to an end with a month to go and 1 of the tenants who has a guarantor is 2 months behind in rent. How do i enforce the guarantor to pay up? Do i serve a section 8 on the tenant?

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

Will the tenants not go in your view?
Customer: replied 4 years ago.

The tenants have all been paying regularly except 1 tenant. They are expecteded to vacate the property as new tenants will be coming in after two weeks when they have gone. I believe that they will all go at the end of tenancy.



You don't need to serve a S8 notice. That is really only if you want to try to evict tenants in the middle of a contract. You need a court order relating to a breach to get them out.

You can pursue the guarantor or the tenant as you choose in the small claims court regardless of what notices you have served.

All a S21 notice does is bring an AST to an end at its conclusion. A s8 notice gives notice of alleged breaches and allows you to complain to the court and seek a possession order.

You are perfectly free to enforce against either party at the small claims court.

Can I clarify anything for you?

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