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like2rent
16-03-2007, 08:28 AM
Hi all
have recently become a member after reading all the interesting threads on the site, very helpful.
I have a query of my own that someone may be able to answer.I have two tenants who are both more than 8 weeks behind with their rent. The first is still in an assured shorthold tenancy and so i will be serving this person with a section 8 notice. The second tenants shorthold tenancy ran out in february and so we understand they now have a periodic shorthold tenancy. Their rent was paid(very sporadically!) weekly so the term of the tenancy is weekly. My query is can i serve this person with a section 8 notice because they are over 8 weeks behind with rent or does this not apply to periodic tenancies? If not then presumably i would have to serve a section 21 possesion order. Any comments would be appreciated

Joannepowell
16-03-2007, 09:04 AM
You can serve both tenants with the section 8. Please be aware that it can be a lengthy process though. You could actually serve your periodic tenant with both a section 8 and a section 21 and then decide which route you'd like to follow through court at a later date when you've taken more advice or done more research on the subject.

The reason I suggest issuing both notices where possible is because if the tenants bring arrears below 2mths at any point before appearing in front of the judge you might not get possession (as 2mth arrears is mandatory whereas late payments is discretionary).

As a matter of interest, what stage of tenancy is the tenant still within the fixed term? You might actually find that it would be worthwhile serving that tenant with both notices too.

Let us know when the tenancy started and is due to expire and we may be able to offer more advice.

Kind Regards

J

like2rent
18-03-2007, 12:47 PM
Thanks for the reply. To answer your question the tenacy started in September 06 and was fixed for 9 months. So expiry will be in June. Am i right in thinking that because it was for a fixed term i can serve a section 21 notice as well as a section 8, but that this cannot come into affect till the end of the contract.?

Worldlife
18-03-2007, 12:53 PM
A S21 Notice can be served during the fixed term provided it is served at least two months before the expiry date.

The expiry date is the day before the beginning of a new rental period.

jeffrey
18-03-2007, 15:45 PM
A S21 Notice can be served during the fixed term provided it is served at least two months before the expiry date.

The expiry date is the day before the beginning of a new rental period.

Let's rephrase that, shall we?
A s.21 Notice can be served at any time during or after a fixed term.
1. If it's served >2 mths, before expiry, it operates at expiry.
2. If it's served during final 2 mths., it operates 2 mths. from service.
3. If it's served after expiry, it operates after the periodic tenancy end (eg end of rent month) that first follows 2 mths. from fixed term expiry.

Joannepowell
18-03-2007, 16:57 PM
Let's rephrase that, shall we?
A s.21 Notice can be served at any time during or after a fixed term.
1. If it's served >2 mths, before expiry, it operates at expiry.
2. If it's served during final 2 mths., it operates 2 mths. from service.
3. If it's served after expiry, it operates after the periodic tenancy end (eg end of rent month) that first follows 2 mths. from fixed term expiry.


Jeffrey - I'm so glad I'd not been drinking when I read the above post! :eek:

It makes perfect sense to me (with all the research I've done) but a newbi might well have lost you somewhere in the midst of point 1. Maybe if the word expiry was replaced with expiry of fixed term so as not to be confused with expiry of notice? Only a suggestion....

Kind Regards

J

like2rent
19-03-2007, 08:43 AM
Thank you all for your help and advice! I will serve the notices and see what happens.

jeffrey
19-03-2007, 08:49 AM
Jeffrey - I'm so glad I'd not been drinking when I read the above post! :eek:

It makes perfect sense to me (with all the research I've done) but a newbi might well have lost you somewhere in the midsy of point 1. Maybe if the word expiry was replaced with expiry of fixed term so as not to be confused with expiry of notice? Only a suggestion....

Kind Regards

J

Why, when do you normally drink? Until you feel midsy?

Joannepowell
19-03-2007, 09:20 AM
Why, when do you normally drink? Until you feel midsy?


Morning chuck (note correct spelling of morning).

Drink? Me? Never! Oh go on then - I confess to having the odd tipple but only on days with a 'y' in them! :p

I've corrected my error especially for you and rewop - as I know how fussy you both are.... just don't be making any typos yourself today Jeffrey cos I'm watching and waiting.... LOL

J