Section 8 notice during AST?

by Readers Question

10:57 AM, 1st October 2014
About 4 years ago

Section 8 notice during AST?

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Section 8 notice during AST?

I have read up on this all over the internet and there are different pieces of advice! Section 8 notice during AST

Tenant is 2 months in arrears, his AST doesn’t run out until December 15th 2014.

Can I do a section 8 or not?

If not is it a Section 21 A? or B?

We have been thrown out of court for issuing a section 8 during a AST before but we cannot remember why.

Would be grateful to solve this once and for all!

Thanks

Zow



Comments

Mark Alexander

11:01 AM, 1st October 2014
About 4 years ago

Hi Zow

Yes you can serve section 8 during a fixed term when the tenant is more than two monthly payments in arrears. Technically this could be one month and one day.

The correct section 21 notice would be a section 21.1.b but the end date would need to be 15th December in your case.

Serving notice is the easy bit though, and many landlords manage to get that wrong. Persuading a judge to grant possession is the hard bit and if you do mess up on the serving of notice then you usually have to start all over again. If the tenant is not paying this will cost you a lot more than it would to get professional advice in the first place. Please see >>> http://www.property118.com/tenant-eviction/39099/
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All BankersAreBarstewards Smith

13:19 PM, 1st October 2014
About 4 years ago

yes you can use a Section 8 for arrears as Mark has so rightly said.... but if it were me I would issue a Section 21 - this is 2 months notice which takes you nearly to the end of the fixed term anyway. If you issue a Section 8 for rent arrears then a canny tenant will pay a few quid just before the court case, bringing the arrears to less than 2 months and the court will then have to throw it out - you will have paid a court fee for nothing and wasted 2 months. A section 8 has a number of defences which a tenant can use .... a section 21 has no defence unless you have done your paperwork incorrectly. One way forward might be to seek expert advice from a specialist lawyer before taking it to court yourself. let us know how you get on

Mark Alexander

13:33 PM, 1st October 2014
About 4 years ago

Reply to the comment left by "All BankersAreBarstewards Smith" at "01/10/2014 - 13:19":

Good advice!

I would certainly recommend serving both for the same reasons.

When serving to so with Proof of Posting, not Registered or Recorded.

I'd probably serve s21.1.b one day and section 8 the next.

I'd also recommend Zow to read the following linked thread in full >>> http://www.property118.com/good-debt-recovery-agent/44679/ as it is full of excellent tips for dealing with issues like this.
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