Tenancy Agreement ending. Do I still need to issue a Section 8 or 21?

[soppycods13]

Hi,

We have tenants who signed a 6 month AST in June. Every month they have been late paying their rent and we have told them that we do not intend to let them renew their tenancy after the 6 months.

Does a Section 8 or 21 still have to be issued or does the fact that the Tenancy Agreement is/will have run out at the end of November enough for them to leave.

Would appreciate any information on this please.

[Grampa]

You need to serve a s21.

[Carryon Regardless]

If they leave of their own accord at the end of tenancy then ok. 

But the only legal way to hoof 'em if they don't go easily starts with a S21 or S8. The S8 can be clumsy so serve a s21 as soon as. Read up to be sure you do it absolutely spot on, there is no tolerance of errors come court time.

[soppycods13]

Thank you very much! On to it now. As it's less than 2 months does it mean that they'll be able to stay past their tenancy termination date Of 30th November?

[Richlist]

Technically they can stay until they are evicted. An s21 only notifies the tenant that you require possession. You can't have possession until a court orders it and only then after the tenant is evicted.

If all goes well they may leave at the end of the fixed term of the tenancy agreement. If not, then an s21might persuade them it's time to go otherwise it's the court route I'm afraid.

An s21 requires you to give 2 months notice.

An s21 is only valid if the deposit has been protected and the prescribed information has been provided to the tenant(s).

[Mortitia]

Serve S21 now ready for going for a possession order if they do not leave at end of tenancy. Pay attention to service either in person with witness or by sending via RM from 2 separate post offices with proof of postage.

If they get 2 months in arrears then go for a Section 8 but be prepared for sudden payment to get out of it or citing landlord not carrying out repairs as  a way of deferring the eviction.

Did you not reference them carefully at the outset?

 

[soppycods13]

Really appreciate all of this information.

Yes, deposit protected and tenants advised, but obviously references we got were not enough. 

Will send off the two copies tomorrow. Many thanks.

[Mortitia]

Make sure you get the dates correct on the S21.  It should read somewhere ' possession required after (last day of tenancy) November 2015'.

[Carryon Regardless]

'If' you have a g'tor or indeed if the T's are with good financial history and ability pointing out that all court / eviction expenses will be ultimately theirs can be a pursuader.