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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have a tenant who has been served section 21 and that ends

Customer Question

i have a tenant who has been served section 21 and that ends on the 17/4/16. she has informed me that she hasn't found anywhere else to live yet and cannot move out. she is in rent arrears and she said I have to serve her with a section 8 now . I need the property back because my daughter and family need to move out of their rental accommodation.what do I need to do now. can you advise please
Submitted: 7 months ago.
Category: Law
Expert:  Jo C. replied 7 months ago.
Are you asking how to get her out?
Customer: replied 7 months ago.
yes
Expert:  Jo C. replied 7 months ago.
Who far in arrears is she?
Customer: replied 7 months ago.
she owes for 2 months rent but that was several months ago and she has now started paying weekly for her rent and has paid £5 a week off her arrears . I have her bond so in theory she now owes me 1months rent.
Expert:  Jo C. replied 7 months ago.
OK. So how many months is she in arrears?
Customer: replied 7 months ago.
2months
Expert:  Jo C. replied 7 months ago.
When should the AST end?
Customer: replied 7 months ago.
what is an ast
Expert:  Jo C. replied 7 months ago.
Assured shorthold tenancy agreement?
Customer: replied 7 months ago.
sorry the AST has ended on the 28th feb 16
Customer: replied 7 months ago.
well actually the tenancy agreement ended in nov 2015
Expert:  Jo C. replied 7 months ago.
It is probably a good idea to serve a S8 notice anyway. It only requires two weeks notice and it will attract a sum in money compensation rather than just a possession order.
Expert:  Jo C. replied 7 months ago.
However, you have served a S21 notice which has expired and you can rely on that to get her evicted.If she refuses to go then you will need a court order but you can seek accelerated possession so it will only be a month to six weeks and the costs will be low.Can I clarify anything for you?Jo
Expert:  Jo C. replied 7 months ago.
You are guaranteed a possession order in either S21 or S8 circumstances on these facts.
Expert:  Jo C. replied 7 months ago.
But a S8 notice will get you a compensation order as well and the notice period is really not long.

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