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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 15329
Experience:  Solicitor
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I have a tenant who is many months in arrears. I sent a S21

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I have a tenant who is many months in arrears. I sent a S21 on 24th September but he has not moved out. He is on an AST. Is this a periodic tenancy, meaning that I have exceeded the 4 month limit or can I still apply for a court order?
JA: What steps has your tenant taken so far? Has he prepared or filed any paperwork?
Customer: No.
JA: Where is the property located?
Customer: Bishop Auckland
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello my name is Jamie and I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Why didn’t you serve a s.8 notice?

Customer: replied 14 days ago.
I thought he would leave as requested
Customer: replied 14 days ago.
Can you repeat your reply please? a software error occurred.

Why don’t you serve a section 8 notice ?

Customer: replied 14 days ago.
That would entail additional expense. Is the S21 not adequate to obtain a court order?

Your section 21 is valid, but a section 8 gives two weeks notice for breach, ie rent arrears.

But your section 21 is fine. You just can’t serve before month 4 of fixed tenancy.

Can I clarify anything for you about this today please ?

Customer: replied 14 days ago.
Many thanks.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

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