when to serve notice and what notice?

[siempre]

Hi hoping you can help me out here I own a property that is in a council that pay tenants directly but this tenant had a change of circs and council has not accepted information from tenant and therfore after 6 weeks has disallowed claim so not much chance of recovering owed rent. Tenant is now 6 weeks in arrears after chatting with tenant she says she cannot pay anything back and not much hope of paying anything in the future. Question is what to do now?? what notice do I serve can I serve it now or do I have to wait for another 2 weeks to make 8 in total really just want to bring experince to a close as soon as possible. Really want to start ball rolling this weekend asap.Any help would be gratefully appreciated best regards Allan

[Eastern Landlords]

Allan

This is fairly complicated I'm afraid you may need assistance from a landlord association.

If you wait for 8 weeks arrears you have a mandatory ground 8 under a section 8 repossession but you should also cite grounds 10 & 11 to prevent your ground failing in court when the tenant arrives with a cheque in part payment.

If your tenant is outside the fixed term section 21 gets your property back without a court appearance (normally) and is a mandatory ground which you follow up with the accelerated possession procedure.

OK it's a longer notice period but usually outperforms the section 8 route where you are waiting for court time

Derek

[jam]

You could simply ask your tenant to leave and surrender the tenancy. This may work.

Explain to the tenant that they will not then be liable for any court cost. If they agree then you do not have to go down the court route.

It is wise to serve notice now. Serve section 21 notice. If tenant is still in the fixed term - possession will not be awarded until the end of the fixed term. You need a tenancy agreement to use this procedure.

If no fixed term was agreed possession will not be awarded until the end of 6mths from the start of the tenancy.

You need to provide details on when the tenancy started - was a fixed term agreed. I would also contact council to get more info about claim. If H.B is still in payment even if partial ask that this is paid directly to you cite rent arrears. What is the cahnge in thier circs - why is claim now not allowed?

Jam