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My tenant does not pay his rent and the Tenancy Agreement has expired. What is the best way to evict him?
My tenant does not pay his rent and the Tenancy Agreement has expired. What is the best way to evict him? I have tried issuing him with a Section 8 Notice but his Solicitor has said it was not filled in properly so I cannot rely on it in Court. I have now issued him with a Section 8 and a Section 21 Notice - have I done the right thing?
You do not state the type of tenancy. Assuming that it was an assured shorthold tenancy and that the fixed term has now expired, your tenant probably has a statutory periodic tenancy. This can be terminated by a Notice under Section 21 Housing Act 1988. You should give at least two months notice which should expire on the last day of a period of the tenancy (this may be weekly or monthly depending upon the agreement as to payment of rent). If the tenant does not vacate on the due date then, provided the notice is completed correctly, giving the requisite period of notice and is properly served upon the tenant, the Court must make an order for possession. Proceedings could then be issued under the Accelerated Possession Scheme which is quicker than applying under Section 8. The drawbacks are that you will have to give two months notice and you cannot claim the outstanding rent in those proceedings. You should also be aware that you cannot serve a valid Notice under Section 21 unless and until you have complied with the requirements of the Tenancy Deposit Sceme (if appropriate to your tenancy)
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