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I am a landlord and my tenant has not paid for two months. Can I evict them using their two months non-payment as notice?
I am the landlord of a property and the tenant has not paid for two months. Their agreement finishes at the end of this month and I am being told I cannot evict as I have to wait until the end of the month and then issue Section 21 notice giving them two more months notice! Is this correct? If they have gone past ten days without payment, why can't you just evict and use their two months non-payment as notice?
You cannot evict a tenant without a Court order. You can serve a Section 8 notice on the ground of rent arrears which will entitle you to issue proceedings after 14 days from service. Alternatively you will have to serve a Section 21 notice which must afford the tenant two months notice and end on a date that coincides with the end of the period of the tenancy existing when the notice ends. Only after this notice has expired can you issue Court proceedings based upon Section 21.
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