When can I serve a section 21 Notice?

[Stuartd]

When I am can I send a section 21 Notice?

Tenant started AST on 22nd December, 6 month Tenancy @ 350PCM. Rent payment date 22nd of the month in advance,

Took a Months Deposit and first months rent up front.

He then paid £350 on Jan 22nd, then 250 in Feb. No Payment was received in March. The arrears stand at £450 pounds.

If no payment is received this month on the 22nd April, can I send the section 21 notice then or do I have to wait until 22nd May?

I realise that they have to be 2 months in arrears to issue a section 21 notice under ground 8.

[dazalock]

Oh dear, you seem to have this all wrong, S21 has no grounds and you cant issue it if you want him out before the end of the tenancy. You need to issue a S8 but you need to be 2 months worth of rent in arrears so you will have to wait until you are owed £700 to issue it, and then wait another 2 weeks before you can proceed to court. I suggest you read http://www.landlordzone.co.uk/rent_a..._evictions.htm carefully and post if you have any further questions, BUT, even though its very frustrating, dont harrass the tenant, just ensure you send some business like reminder letters and keep copies, send a statement of account and let him know your intentions to proceed to the courts if not resolved. Hope this helps.

[Paul_f]

It's lucky dazalock's answer is confusing because none of it will help you obtain possession quicker than the service of a S.21 1B Notice.

You will however need to do it now as the tenant must receive it by tomorrow for it to be any good to end it at the earliest possible opportunity, so giving him a minimum of two months notice as the tenancy should be worded to end on 21 June 2005. I suggest if you can you take it to the propperty and post it through the letterbox if you can, and to take somebody with you who will witness what you've done. If you don't get it to him by tomorrow you can still serve him a S.21 1B with two clear months notice provided it is served within the fixed period (this is very important), which can end on any day at least two months hence. [e.g. serve it on 25 April if you want possession say after 28 June]. The rules change after 21 June for serving a S.21 Notice as you will have to use a S.21 4A form and you need to end it on the last day of a rent period i.e. 21st September, 21st October etc. still giving at least 2 months notice

If there are still arrears when the tenancy ends you can reclaim them through the small claims court as a debt. Of course you may have to go to court to obtain possession if the tenant hasn't moved by 21 June but you must take it one step at a time!

[Stuartd]

My Title reads Section 8, but the post reads section 21.

I meant section 8.

Thanks for your reply Paul.

I will be going to the property tonight with a section 21 Notice.