s.8 notice and s.21 notice

[welshbec]

hi, i would appreciate some help with a nightmare tenant. original AST entered into in Nov 2003. been there ever since. i want to sell the house. there are arrears of rent - minimal - since Jan 05 but housing benefit been paid up to this month.

do i serve a s.21 or a s.8? can i use the s.8 giving 14 days notice of court proceedings? or do i use s.21 given two months notice, then accelerated procedure to get her out?

please advise!

thanks

[MrWoof]

Assuming that the tenancy is now periodic, S21 then small claims court for any arrears. If you are receiving HB then it is unlikely you would qualify for S8 anyway.