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tennant in arrears plz help


fez110

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hi, i have a tenant who is 3 months in arrears. he was in a contract but it ended and now is a periodic monthly contract. as he is in arrears can i give him a section 8 notice? if so is their a specific form for periodic tenancys? i have a section 8 form for a assured shorthold would i be able to use this?

can any1 please help?

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  • 3 weeks later...

Hi Fez,

I would go for a Section 21 which is re-posession of the property via court order. MY reasoning is that it is full and final and if the tenant fails to leave you can get the court bailiff to remove them. If you are going to go for the rent arrears start proceedings now as you know where the tenant is living and can serve the papers on him directly.

Section 8 is more discretionary and if tenant suddenly pays up to keep himself only 8 weeks in arrears you are still stuck with him messing you around.

Read up on S21 and if in doubt use a solicitor that specialises in landlord and tenant law. Getting the dates right is critical.

Mortitia

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