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spicy_
28-03-2010, 20:53 PM
Hello

I've been reading up on S.21 but my head hurts trying to fill the form in and hope some experienced people on here will help me get it correct.

I want to evict a tenant currently on a 6 month AST, in england, which started on the 14th Jan 2010. I find it difficult to get him to pay the rent on time and he's too messy so just want to get rid of him. He's not in arrears.

So on the form should I be ticking that I'm: serving the S21 whilst the tenancy is on fixed term and should the date of possession be: 15th June 2010?

Also is it good practice to just give a S.8 at the same time as the S.21 so help with getting the possession of the property faster if the tenant doesn't leave on the S.21 expiry date?

any help would be gratefully received

mind the gap
28-03-2010, 20:58 PM
Hello

I've been reading up on S.21 but my head hurts trying to fill the form in and hope some experienced people on here will help me get it correct.

I want to evict a tenant currently on a 6 month AST, in england, which started on the 14th Jan 2010. I find it difficult to get him to pay the rent on time and he's too messy so just want to get rid of him. He's not in arrears.

So on the form should I be ticking that I'm: serving the S21 whilst the tenancy is on fixed term and should the date of possession be: 15th June 2010?

Also is it good practice to just give a S.8 at the same time as the S.21 so help with getting the possession of the property faster if the tenant doesn't leave on the S.21 expiry date?

any help would be gratefully received

Why do you think the s21 can expire on 14th June when it is a six month fixed term beginning on 14th January?

spicy_
28-03-2010, 21:03 PM
ahh sorry my fault, it's getting late. I mean't 15th July 2010 (that would be exactly 6 months after the AST start date)

mind the gap
28-03-2010, 21:14 PM
You can serve a s21 (4) b to expire after 14th July or a s8 ground 11 (persistent late rent payment), but the s8 will not result in a mandatory possession order; it would be discretionary.

You could serve them both, but unless your T owes you at least the equivalent of two months' rent - in which case you can add ground 8 to your s8, which is mandatory grounds for possession- I doubt it will be worth it. There are costs associated with s8.

If he is paying his rent I am not sure why you are in such a hurry to 'evict' him?

Snorkerz
28-03-2010, 23:32 PM
You can serve a s21 (4) b to expire after 14th July If tenancy started 14th Jan, then s21 would expire "after 13th July" and need to be served by 13th May

jeffrey
01-04-2010, 15:54 PM
You can serve a s21 (4) b to expire after 14th July or a s8 ground 11 (persistent late rent payment), but the s8 will not result in a mandatory possession order; it would be discretionary.

You could serve them both, but unless your T owes you at least the equivalent of two months' rent - in which case you can add ground 8 to your s8, which is mandatory grounds for possession- I doubt it will be worth it. There are costs associated with s8.

If he is paying his rent I am not sure why you are in such a hurry to 'evict' him?


If tenancy started 14th Jan, then s21 would expire "after 13th July" and need to be served by 13th May
A Notice served during the fixed term should comply with s.21(1)(b), not s.21(4)(a).