Section 21 V Section 8

[poppet2 13]

I just wondered what landlords experiences were when giving tenants notice to leave, issuing either of these two documents. I mean either way if a tenant refuses to leave, could the issuing of a section 8, as a result of the landlord wanting to move into the property, make it easier for the court to fast track the case, allowing the tenant  no excuse to remain in the property?

[HeHasRisen 3,415]

If the tenant isnt in arrears (or not broken any other term of the lease) you cant use a Section 8. 

Edited June 8, 2023 by HeHasRisen

[poppet2 13]

The tenant is in arrears by two months. But if I issue a section 21 or S8 and the tenant then starts paying the rent, does that make the S21 or S8 invalid, meaning I wouldn't have to take legal action? Ideally I would like them to leave as this could continue for the rest of the tenancy.

[HeHasRisen 3,415]

1 hour ago, poppet2 said:

The tenant is in arrears by two months. But if I issue a section 21 or S8 and the tenant then starts paying the rent, does that make the S21 or S8 invalid, meaning I wouldn't have to take legal action? Ideally I would like them to leave as this could continue for the rest of the tenancy.

https://www.tenancyagreementservice.co.uk/how-to-evict-a-tenant-for-not-paying-the-rent

 

"This is a notice from the landlord to the tenant that states that they are in arrears and have a certain amount of time to pay up or face eviction. This notice can be sent if the tenant is more than two months behind on rent."

 

The above wording suggests if they pay up they stay, aye. If Jeffrey Shaw is floating around he may know for sure.

 

 

[Ghozer 113]

It partly depends on the Tenancy Agreement, if it's a fixed-term, periodic, or previously expired (and not been re negotiated) you give them two months written notice.

Whether you Issue a Section 21 or Section 8 depends on the type of agreement and reason for eviction..

so, what type of Tenancy Agreement is it?

Edited June 12, 2023 by Ghozer

[Jeffrey Shaw 93]

On 08/06/2023 at 07:44, HeHasRisen said:

If the tenant isnt in arrears (or not broken any other term of the lease) you cant use a Section 8. 

Not true. In fact most Schedule 2 grounds don't require breach re rent/ tenancy obligations.

See https://www.legislation.gov.uk/ukpga/1988/50/schedule/2

[HeHasRisen 3,415]

4 minutes ago, Jeffrey Shaw said:

Not true. In fact most Schedule 2 grounds don't require breach re rent/ tenancy obligations.

See https://www.legislation.gov.uk/ukpga/1988/50/schedule/2

The link I posted above suggested arrears have to be there for a S8 to be issued.

[Jeffrey Shaw 93]

So  the link's wrong. Read Schedule 2.

Rent arrears (really, 'unpaid rent'- not the same thing) are irrelevant other than for grounds 8 and 10.

 

Moreover, s.21 is to be repealed in the near future. See https://bills.parliament.uk/bills/3462

then click on 'Get File' to see the Bill currently before Parliament.

On 08/06/2023 at 10:45, poppet2 said:

The tenant is in arrears by two months. But if I issue a section 21 or S8 and the tenant then starts paying the rent, does that make the S21 or S8 invalid, meaning I wouldn't have to take legal action? Ideally I would like them to leave as this could continue for the rest of the tenancy.

Section 8: yes, invalid once all unpaid rent has been paid, UNLESS you also use ground 11.

Section 21: no, its validity is unaffected- it's nothing to do with rent, anyway.