Section 21 served, can i serve Section 8 too?

squirehorse

I have served my tenant with the correct Section 21 Notice, the main reason being that i have sold the property, but also because i receive varied anti social complaints from her neighbors. I beleive she will be difficult to get out of my property, so can anyone advise me - can i serve a Section 8 Notice too (in effect asking her to leave within 2 weeks instead of 2 months) or can i not legally so so since i've already served a Section 21? Neighbors are all willing to give statements and Council can confirm anti social complaints etc.

squirehorse

Also if i do have to evict her can i pay for it out of her deposit (which is correctly protected within the correct scheme)??

N79

You can, but only if you have suitable grounds for the section 8.

Since you don't mention rent arrears or late payments, the only possibles will be G12 and G14.

G12 would require you have a suitable unambiguous clause in your tenancy agreement but even if you do, it would be a waste of time using it as it is discretionary and a court is unlikely to evict.

G14 is also a waste of time as you are miles from the standard of proof necessary and this is also only a discretionary ground.

Stick to the S21 and don't waste your money.

PS. Your notices are not asking her to leave, they are giving her notice that you will ask a court to grant a possession order. She is under no obligation to leave in response to your notices (either S21 or S8)

robpw2

also you cannot give 2 weeks notice, statotury minimums apply

jjlandlord

robpw2 wrote: »

also you cannot give 2 weeks notice, statotury minimums apply

The statutory minimum is 2 weeks for s.8 ground 12, and 0 for ground 14.

G_M

My assumption (no more than that) was that the tenant must be in arrears. The OP seems to understand at least the basics, so would know S8 is only mandatory with arrears.

In which case the answer is "yes - you can srve a S8 on top of the S21".

If there are not arrears, though, I concur with the advice above.