You can only give a section 21 notice to quit at the end of the term (6 months in your case?) After the first four months.
It used to be that you could actually give it immediately after the tenancy was entered into which save doing it later on but that facility changed some years ago.
As soon as the 4 months has passed, then you can give a section 21 notice but make sure that you give the full two months including two rental periods which may actually take it over two months otherwise, you risk the notice being deemed to be defective and you are then back to square one.
You can of course give a section 8 notice at any time and you would be relying on grounds 8, , two months rent arrears at the date it’s going to court, grounds 10 arrears but not necessarily two months, ground 11, repeatedly late with rent,
and 12 for any other breach of the tenancy, 13 in respect of neglect or damage or subletting, and 14 if they are a nuisance.
If the tenant is two months in arrears at the date of the court hearing then the court must grant possession to you. All the other grounds are at the court’s discretion so put together as many as you can.
You give section 21 in case section 8 fails for any reason, better do both.
The problem with grounds 8 of the section 8 notice is that they can bring the arrears down to under two months on the day in court and that ground fails.
Remember that even if this succeeds, it will only give you an order for possession, if the tenant still doesn’t leave you are faced with applying to court for a warrant for possession which is a court order for bailiffs to come physically throw the tenant out into the street.
I would ignore everything he says about Shelter or credits or tax or whatever and simply go ahead.
Can I clarify anything else for you?
I am happy to answer any specific points arising from this.
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