Section 21 & 8

asky5555

Hi, I have a question my tenant has not paid for 2 months total (1 not rec, 1 rec and now 1 payment not received). I have requested direct payment from UC with no reply yet(anyone know how long this takes).

My question is I want to evict them, I understand Section 8 is arrears related and S21 is no fault, any advice what to do shall I serve both.

Im assuming notice is 14 days for S8 and my tenancy is periodic so would notice be 1 month or would it be 2 months like in the tenancy agreement.

Any help would be appreciated

Thanks

_Penny_Dreadful

https://forums.moneysavingexpert.com/discussion/6665550/section-21-8

Take a belt and braces approach whilst you still can and issue both.

A section 8 with ground 8 should be quicker but if the tenant manages to reduce the arrears to less than 2 months owed before the court hearing the section 8 will fail. The section 21 has a longer notice period but providing all your prescribed information is in order it’ll result in a possession order.

TroubledTarts

Have you got everything in order for section 21.

As an example our tenancy docs have a section to sign that the tenants have the up to date EICR, EPC,gas safety certificate if necessary and have been provided the how to rent doc (this is all pre 1st May this year) have you got the proof you provided these by email for example to all tenants named on the tenancy.

theartfullodger

As outlined by the experts …

https://england.shelter.org.uk/housing_advice/eviction/eviction_after_a_section_8_notice

Done any training or education in how to be a landlord??

Note that s8 has 3 grounds for arrears -

• ground 8 - if you owe at least 2 months' rent
• ground 10 - if you owe some rent
• ground 11 - if you keep paying your rent late

• so you can issue a valid s8 if only 1p rent is underpaid for only 1 day. But usually better to issue g8,`0&11 when at least 2months rent outstanding