Which notice for possession?

[ann]

Hi all,
Please be gentle with me as this is my first time on here.
This is the problem I'm having: My partner and I let a property to a woman who was also a family friend. Last year we bought a bigger property and let her move into that, renting out the old one to someone else. We gave her a new 12 month AST which expires 31st May 2005. She is currently 2-3 months in arrears and we've heard through the grapevine that she and her new partner are applying for a pub tenancy. She isn't the best housekeeper, in fact it took us ages to clean her old place! We want her out. Should we issue a section 21 as the tenancy is near to an end or go for section 8 (I think) on the grounds of arrears?
If we go for 21 what is the best course of action to recover the arrears?
Thank you all in advance, I've already learnt alot by lurking on here! :)

[attilathelandlord]

You have three choices:
1) A section 21 notice requires two months notice and as your tenancy finishes 31st May, you don't have time to serve notice to coincide with the end of the fixed term.

You could therefore serve a Section 21 (4) (a) notice now which will expire on 31st July 2005.

You would therefore have to file a separate claim in the small claims court for any rent arrears and/or damages.

2) Don't serve any notice, allow them to leave and then file a claim in the small claims court for any rent arrears and/or damages.

3) Serve a section 8, which requires only two weeks notice but which means you can claim possession and arrears.

I'd go for option 3 myself.

[P.Pilcher]

Well, I'd do both - serve the section 21 notice and a section 8 notice as well. At least then if your section 8 action fails, the 2 month notice period required by the section 21 procedure is running. The service of a section 21 notice has no effect on the validity of a section 8 action.

Section 8 and 21 matters are the most regularly asked questions in this and the old forum so the search engines will provide you with an enormous quantity of useful information.

P.P.

[oaktree]

Well, I'd do both - serve the section 21 notice and a section 8 notice as well. At least then if your section 8 action fails, the 2 month notice period required by the section 21 procedure is running. The service of a section 21 notice has no effect on the validity of a section 8 action.

Section 8 and 21 matters are the most regularly asked questions in this and the old forum so the search engines will provide you with an enormous quantity of useful information.

P.P.

Agree with that, belt and braces approach is often the safest way.

[Paul_f]

Lots of ill-conceived advice here! attilathelandlord's option 3 is not the best!

You should serve the correct S.21 Notice - not the one attilathelandlord has stated, you need a S.21 (1)(b), if it is served before the end of the fixed term, and it doesn't have to end on the last day of a rent period. You will only need the other version if serving notice after 31 May which does have to end on the last day of a rent period.

A S.8 Ground 8 Notice might well be rejected when you get to court if the arrears have been reduced to less than 2 months, so is less reliable as are discretionary grounds 10 & 11 historically, rather than the S.21 route. You also have to take into account that serving a S.8 Notice will cost you money but serving a S.21 will not at this stage cost you a bean!