Confusion over when to serve S21 or S8 Notice?Make Text Bigger
My understanding is that When a tenancy has come to an end of its AST period, of say 6 months, it automatically rolls into a statutory periodic tenancy. Which means a landlord can serve S21 (4) No fault Notice of 2 clear months provided the tenancy started before October 2015. But if it started after October 2015, then it is not necessary to give 2 clear months but just 2 months Notice from any date after the S21 is served.
However my confusion is that if a landlord wants to serve a S8 Notice instead, during a periodic tenancy, then he or she may not be able to use that, and must use S21 (4) Notice. How true is this?
The reason my confusion arose is because I downloaded S8 Notice forms to serve to one of my tenant who seem to have absconded, now 3 months no sign of him and his partner, last time I met them they told me they were going to Romania for a few weeks, and will be back and settle any rent issues when they come back, but those few weeks is now over 3 months and no attempt to contact me or to update me when they will be back, and now owe me more than 3 months rent for a room in an HMO.
I tried to serve them the Notice in their absence, having first tried to send them TEXT messages of my intention, some of these messages failed to deliver but some got through and so as far as I am concerned they are deemed as sent and read, however they had not responded what so ever, apart from when they went, a week into their trip, they rang me requesting me to top up their Lycamobile account for £10.00, which I did.
I have now sent them a final TEXT message informing them that I have served them a Section 8 Notice left under their room door, deemed as served, as they have fallen behind rent by more than 2 months. I have made it clear to them in my text message that I am going to file a court application for seeking possession of my room under the abandonment of their room, which would permit me to clear the room of their belongings and store it away for a while before disposing them off as I must rent that room to some other tenants, I need regular income too.
However, the S8 form says ” Do not use this form if possession is sought on the grounds under S21 of the Housing act 1988 from an Assured Shorthold tenant where the fixed term has come to an end……..this form suggests that I use S21, which is no good as I would need to wait two more months before filing a court application.
So do serve S21 and suffer another 2 months of rent loss instead of suffering 2 weeks under S8, plus the time it takes for a court hearing that might add a further 4 to 6 weeks!
Or is there a different route to what seems to be an abandonment.
Will appreciate your views or your experiences, yes I need some ideas before I waste my money on solicitors, that is what the purpose of these forms is to seek information freely and then engage lawyers if need be.
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