Updating post from Reddit.

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QUESTION
Posted by National-Ad2661 2 days ago
Periodic Tenancy Notice Period

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.

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Posted by Minimum_Definition75 2 days ago

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.

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Posted by phpadam 1 day ago

>Yes serve the section 21 straight away.

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Posted by Jakes_Snake_ 1 day ago

What do you think they intended to provide notice? can you show their intention to provide notice was in fact a notice?

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Posted by HawkwardGames 2 days ago

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.

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