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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 8106
Experience:  English solicitor with over 12 years experience
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Protection from Eviction Act: I received a letter for

Customer Question

Protection from Eviction Act: I received a letter for "Protection from Eviction Act 1977" due to boiler being broken down. It was reported on the 19th of April and complete system changed and new boiler fixed on the 21st of July. There were attempts to go into property to finish the repair but it had been unsuccessful since tenant not allowing the workmen. We have Just realised that tenant went to Council and get the Protection from Eviction. Now no rent has been received since April and it looks like I have to wait four months before serve the eviction notice. Is that acceptable that council serves Protection from Eviction without confirming what is happening with the landlord. How can we reverse the Council Decision? Can we serve Notice to Quit without waiting 4 months based on unpaid rent (not Section 21). How come tenants can be staying in the property without paying for another 4 months? Thanks
Submitted: 13 days ago.
Category: Property Law
Expert:  UKSolicitorJA replied 13 days ago.

Hello,

I am a solicitor.

You may still proceed to serve a S. 8 notice on the grounds of rent arrears of more than two months.

The length of your notice must be at least 4 months (if in England) and a minimum of 6 months if in Wales.

May I help further?

Customer: replied 13 days ago.
Thank you. Why is that 4 months please? That will only add to unpaid rent amount? It is already 10 moths behind?
Customer: replied 13 days ago.
months
Customer: replied 12 days ago.
Hi Could I please have an answer? I believe the duration of Rent arrears do determine the eviction duration. Thanks
Expert:  UKSolicitorJA replied 12 days ago.

The 4 months is the minimum notice period required by law at the moment.

Yes, it will add to your rent arrears I am afraid, but there is nothing you can do unless the tenant voluntarily vacates/pays you the arrears.

May I help further?

Expert:  UKSolicitorJA replied 11 days ago.

I trust that my response was helpful.

All the best

Customer: replied 11 days ago.
Sorry but I am not getting answer to my question. Your time schechules fit with Section 21 not any other. https://www.gov.uk/private-renting-tenancy-agreements/your-landlord-wants-to-end-your-tenancySection 8 rule is set out 4 weeks iof rent arrears more than 4 months (https://england.shelter.org.uk/housing_advice/eviction/eviction_after_a_section_8_notice)But I am not getting a clear answe. Are section 21 and 8 notice periods the same? How do they differ from each other? Thanks
Expert:  UKSolicitorJA replied 11 days ago.

PLease see here: https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices

All the best

Customer: replied 11 days ago.
Thank you. However Updated version July 2021 confirms that it could be reduced such as 4 weeks if rent arrears more than 4 monthshttps://www.gov.uk/government/publications/covid-19-and-renting-guidance-for-landlords-tenants-and-local-authorities/technical-guidance-on-eviction-notices
Expert:  UKSolicitorJA replied 11 days ago.

Yes, I have just seen that is indeed the case. It is 4 weeks notice in that case.

Customer: replied 11 days ago.
Thank you.
Expert:  UKSolicitorJA replied 11 days ago.

You are welcome.