Updating post from Reddit.
Hi all, just after some advice please. I have a tenant on a rolling contract who, after a minor dispute, made clear their intention to provide me notice to quit a couple of weeks ago. They didn't do so but have now failed to pay monthly rent, due yesterday. I would like to give them notice. Am I right in thinking that any notice I give would now be until the 30th September? And, in anticipation of a bit of a battle ahead, does it make sense to serve a Section 21 now? Many thanks.
Yes serve the section 21 straight away. You don’t need to give a reason. It’s going to take you months to get them out so start asap. Make sure your paperwork is in order first.
>Yes serve the section 21 straight away.
What do you think they intended to provide notice? can you show their intention to provide notice was in fact a notice?
I don’t think you can serve a Section 21 if the tenant is already in breach due to non-payment. Section 21 is usually for no-fault evictions and needs to be in strict compliance with things like deposit protection and paperwork. If they’ve failed to pay rent, a Section 8 might be more appropriate, especially if they pass the two-month threshold. Might be worth speaking to a solicitor before acting, though, to avoid getting it thrown out on a technicality.