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Hi, I'm Lea and I have reviewed your query.
Is the tenant an employee? What type of contract did they have if it was not written? How long have they been there? How much are the arrears? Are they more than two months in arrears?
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Under what terms did they move in?
Have they given a reason for the arrears?
But not via a written contract?
I meant from 2013 when they moved in?
Ahh, so there was a tenancy agreement in the beginning, which means the tenancy is now a statutory periodic tenancy if it has not been renewed since then.
There are certain things a landlord has to comply with before being able to evict a tenant legally, so you will need to ensure that you have complied with the law before issuing a notice. E.g. gas safety certificates, protection of deposit, etc.
You can either serve a s21 notice (Form6A) or a s8 notice, however as the arrears are less than one month, a s8 (ground 8) notice is not going to be valid, but grounds 10 and 11 would - though these are discretionary grounds, rather than mandatory like a ground 8, which means a judge doesn't have to give possession if he or she feels it's not warranted. A s21 notice is going to be the most effective as it is mandatory if served appropriately and all conditions have been met by the landlord.
Does that assist?
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