Antnkel Posted January 19, 2013 Report Share Posted January 19, 2013 Hi all, one of my tentants became 2 months in arrears on the 10th of this month. The AST has just gone to a periodic tenancy this month aswell. Just wondering which would be best a section 8 or 21? Thanks. Anthony. Link to comment Share on other sites More sharing options...
Grampa Posted January 19, 2013 Report Share Posted January 19, 2013 Serve both but not together. You will be able to act on the S8 first but if you chose not to or the tenant brings the arrears under 2 months you can fall back on the s21 after the 2 months notice.. Link to comment Share on other sites More sharing options...
Duck Posted January 19, 2013 Report Share Posted January 19, 2013 Serve both but not together. As I am in a similar situation, and about to serve both a s21 and s8 I was wondering why both should not be served together. Regards Sam Link to comment Share on other sites More sharing options...
Grampa Posted January 19, 2013 Report Share Posted January 19, 2013 I guess a tenant could say one of the notices wasnt in there. I agree there is no legal reason not too but it could give your case more credibility if done separately if you get a tricky tenant. The down side is you could get out sending out 8 letters if you had a couple on the tenancy as it is advisable to send a notice to each named tenant and as the standard practise is to send 2 for each notice (one with proof of posting and another by recorded)that is a lot of stamps. But you would be hard pushed to get a judge to believe a tenant saying they didnt recieve it. Link to comment Share on other sites More sharing options...
Duck Posted January 19, 2013 Report Share Posted January 19, 2013 I see your points Grampa, I have got a solicitor doing all this for me but I still like to have an understanding of the process. Thank you for your response, Sam. Link to comment Share on other sites More sharing options...
Grampa Posted January 20, 2013 Report Share Posted January 20, 2013 I hope your solicitor has an understanding of housing law and not a conveyancing solicitor who is a bit short of work. I have had to pick up the pieces for landlords who have used a high st conveyancing solicitor play at housing law and served notices incorrectly, filled out incorrectly, no knowledge of the deposit laws and implications on a s21. That is no disrespect to forum member LAW who know his stuff in spades and has been a big asset to this forum.. I also acknowledge a lot of letting agents don’t know their arse from their elbow either. Link to comment Share on other sites More sharing options...
Antnkel Posted January 20, 2013 Author Report Share Posted January 20, 2013 Thanks grampa, although I have now been told it will be paid this week. Will note that down for the future. Link to comment Share on other sites More sharing options...
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