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SolicitorRM, Solicitor
Category: Property Law
Satisfied Customers: 4797
Experience:  Director and Principal Solicitor. UK
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I’m in the process of serving notice on a tenant. The tenant

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Hello I’m in the process of serving notice on a tenant. The tenant hasn’t paid full rent since November since a discrepancy in there housing situation. Also since owning the property from 2019 this is the second time the claim has been stopped for a minimum duration of 4 months. Their tenancy agreement ran out in May 2020 and hasn’t been renewed. Should I serve a section 21 or section 8 for eviction. The company I’ve been in contact with said section 8 but if the rent is then paid up to date would I have to do a section 21 after? So is it best to just send the section 21. The tenant has been living in the property for 11 years but I won’t to sell now.

Hi, Thank you for your emquiry. I am a solicitor and happy to assist.

Customer: replied 8 days ago.
Morning, please can you advise on this matter?

Thank you for your patience. You would need to serve both section 8 and section 21 to cover yourself. However with the current coronavirus regulations they have to have missed paying rent for 6 months before you can give notice. If I can clarify please do not hesitate to send your message and I am glad to help.

Customer: replied 8 days ago.
Can I ask if I offered to cover the tenants moving cost or deposit, should she move out within the first 3 months of notice. Is this illegal? She’s a nice enough person but she doesn’t have a deposit on my property to be returned, I would like to speed up the process but also help her to move on

Hi, if your tenant agrees and she puts it in writing then she cannot claim that she was unlawfully evicted. It is perfectly legal as long as the agreement is mutual and not imposed on her.

SolicitorRM and other Property Law Specialists are ready to help you
Customer: replied 8 days ago.
Brilliant, thank you

You are welcome.