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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi I have a tenant whose rent is paid to me directly by

Resolved Question:

Hi
I have a tenant whose rent is paid to me directly by the council. The rent is paid every 4 weeks and the last 3 payments have had £80 deducted from each as the tenant received an over payment which now seems to be being reclaimed through his housing benefit. There is no chance that he will make up the difference himself.
I'd like him to leave but wondered if it would be easier just to give him a notice to quit rather than trying to evict him for not paying his rent...? He has a shorthold tenancy agreement which started in July 2010 (to 19th July 2011). I'm not worried about recouping the loss of rent, I'd just like the most straightforward way of getting him to leave.
Thank you
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

You need to serve a Section 21/8 notice

Alex Watts :

As Landlord you must give a least 2 months notice. This 2 months takes effect from the next rental period billing/

Alex Watts :

Then the tenant has 2 months to move out

Alex Watts :

If they do not then and only then can you take proceedings for possession

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Great, thank you. So I don't need to refer to the rent being under paid, I can just reasonably serve a 21/8 notice with 2 months notice to move out. If he then doesn't move out, the proceedings for possession would just be based on him having been given the correct notice and notice period and not having moved out...? My tenant has mental health difficulties and has been threatening towards me in the past so I'd just like to make it all as straight forward as possible. Thanks for your quick reply!

Alex Watts :

Yes you can serve a Section 21 and just ask them to move out. That is because the main tenancy agreement fixed term has ended.

Alex Watts :

Therefore you can serve a Section 21 to seek possession

Alex Watts :

Does that help?

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