Help please.. Which Notice To Use Section 8 or Section 21..

**MrSmith** · 10-04-2012 13:27 PM

Hi all,

I need some help and advice please on which notice to use section 8 or 21. I've never done this before and would greatly appreciate your comments and advice..

The issues I have are as follows...

1, We don't have any AST Agreements in place as this was a close friend and wanted to help him and his family out with a place to live.

2, Up until 3 months ago he was 22 months in arrears... He's now paid three further installments over the last 2 months but still leaves a balance of 5K outstanding which equates to 12 months rent.

3, He says the balance would be paid in the next 4 weeks... but based on past history I can't see that happening.

4, I don't want to wait a further 4 weeks and then be in the same position as now do I or don't I issue a notice.

5, Obviously I want the rent due but if not I have to cut my losses and get on with it.

I look forwarded to your replies. Any further questions please let me know.

Many Thanks

MrSmith

**westminster** · 10-04-2012 14:37 PM

Assuming the property is in England/Wales, the occupier does have an AST, an orally agreed one.

You can't serve a s.8 notice however, because s.7(6) Housing Act 1988 says

(6) The court shall not make an order for possession of a dwelling-house to take effect at a time when it is let on an assured fixed term tenancy unless—

(a) the ground for possession is Ground 2 or Ground 8 in Part I of Schedule 2 to this Act or any of the grounds in Part II of that Schedule, other than Ground 9 or Ground 16; and

(b) the terms of the tenancy make provision for it to be brought to an end on the ground in question (whether that provision takes the form of a provision for re-entry, for forfeiture, for determination by notice or otherwise).

(BTW, if you haven't given the tenant an address for serving notices in England/Wales, in writing, under s.48 Landlord and Tenant Act 1987, then no rent is lawfully due until you do [arrears immediately fall due as soon as you give T the address]).

You can serve a s.21 notice, however. It must give T at least two months and must expire at the end of a tenancy period. Assuming the oral agreement was for T to pay rent monthly as of the first day he moved in, and on the same day of the month thereafter, the tenancy periods will be the same as the rental periods. What date did T move in and is this what you agreed?

After the notice expires, you are then entitled to apply for a possession order.

You can, separately, bring a claim against the T for the unpaid rent. Claim no more than £5,000 to ensure that it's allocated to the small claims track. You will find it helpful to buy or borrow a book on the small claims procedure. https://www.moneyclaim.gov.uk/web/mcol/welcome

**Snorkerz** · 10-04-2012 18:09 PM

Westminster, the tenant does not seem to be on a fixed term tenancy so section 6 is not applicable.

MrSmith, please disregard the following advice if Westminster comes back to clarify why you can't use section 8.

Serve a section 8 notice ASAP, there are details of the process here but you will need to serve the notice by hand with a witness. This is a handy witness statement (but you will need to re-register to view it).

Complete the section 8 notice under grounds 8, 10 and 11.

If the tenant has not got their unpaid rent to under 2 months worth within a fortnight, then commence a possession claim at www.possessionclaim.gov.uk. This will require a fee of £100.

If the tenant still has 2 months owing at the time of the hearing then you will get a possession order and an order for the missing rent (all of it!)

If the tenant doesn't leave whe ordered by the court, you may have to organise bailiffs (£110).

If the tenant doesn't pay when ordered to, you may have to take enforcement action: http://www.guardian.co.uk/money/2010...force-judgment

Did the tenant pay any kind of deposit (money or otherwise) to you?