section 8 and 21 advice please

[millymolly1]

Hi

Thank you for reading in advance

So the situation is my tenant is £5000 in arrears, many many months, he was supposed to leave but hasn't would go in to the nitti gritty but i am reluctant just in case he is clever enough to come on here and read himself.

I have issued various letters and tried to resolve/help, the letters where all hand delivered by myself with a witness present.

I am looking for some advice to make sure that i don't make any mistakes when completing and serving the notices and any other advice, I am not letting the property again i just want it back as soon as i can.

I have been reading through previous posts and i think i am going to go with this web site for the forms, however if there is a better one i would be glad of a link to another site.

https://www.turnkeylandlords.co.uk/articles/section-8/

on the section 8 when can i date it, can it be any day or does it have to be on a certain day in the rent period? Can it be served on any day also.

on the section 21 which will be the form for the periodic tenancy again can it be dated on any day of the month? and when can i serve it?

Which one would you recommend i serve first? I am thinking section 8 as this one i can apply to the court much quicker than the 21, i believe? its 2 weeks and 1 day after that i can start the court process, can you confirm this is correct?

i understand its doing to be the discretionary grounds for the section 8, i hope and pray, if it gets that far the judge grants the order, hence why i want to serve the 21 as well

I read it is not good to serve both together, as i want to push this on as quickly as possible, what’s the soonest i can serve the second one?

Thank you everyone

[Grampa]

Both S8 AND S21 can be served now just do them separately so there is no confusion.

The method of serving I have used many times is to post 2 copies of each notice to the tenants, one by recorded and one with proof of postage.

If the tenant owes 2 months’ rent or more use grounds 8,10 and 11 with the s8 and if serving with the above method give 17 days’ which allows 3 days for postal delivery. It doesn’t have to tie in with any rental date etc so you can do it today if you want.

The S21 (4)(a) can also be served now (as long as any deposit taken was protected correctly otherwise invalid) but the 2 months won’t start until the next rent due day. Make sure you use a s21 with a saving clause.