Do Section 8 and Section 21 Notices have a shelf-life?
Some time ago we served both types of notice on a tenant who had several rental excursions up to 3 months in arrears and who also was not keeping the flat in good condition (not ventilating it properly & too much junk against the walls).
He has been trying to start up a company and we have been reluctant to go to court and get a CCJ as that will doubtless mak his hurdles higher. He eventually agreed to leave by the end of September. He is, of course, still there now a year after we served Notice.
He is persistently late with the rent, but as I type is only 7 weeks overdue. Are the original Notices still valid, or do we need to serve them again, especially the Section 21.
Many thanks
Chris
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Member Since July 2013 - Comments: 1434
3:37 PM, 8th January 2015, About 11 years ago
Yes and no.
S8 has limited life; s21 has no expiry.
S8(3)(c) housing act 1988 says 12 months.
Member Since June 2013 - Comments: 238 - Articles: 48
9:18 AM, 10th January 2015, About 11 years ago
Yes, so long as you have not given a new tenancy agreement to the tenant you can still use the section 21 notice, but the section 8 notice is probably out of time (it has a shelf life of 12 months).
You may find this free guide on eviction useful http://www.landlordlaw.co.uk/whichpossessionproceedings