UK Landlord Forum / Life

Hello - thank you for allowing me to join your forum.
I wish to serve notice on a tenant who has been on a periodic tenancy since 2014.
He has constantly been behind with payments but this last year situation has got worse so 3 months ago, as he was over 8 weeks in arrears, the council agreed to pay his rent to me direct, which has been a great help. However the tenant, after paying off a small amount of his previous arrears, still owes around £600 from the time before the council started paying me direct and has not answered my polite request as to how he intends to pay these arrears.
I am thinking of serving a section 21 4a notice - do I have to give a reason why I need repossession or am I allowed to just request it? I cant serve a section 8 notice because arrears arent over 8 weeks any longer.
Has my tenant legal grounds to refuse to leave? A deposit was not taken because he was a friend of a friend and didnt have spare cash and I foolishly felt sorry for him.
I was thinking of serving the section 21 and then putting in a claim to the small claims court for the arrears - I realise I probably wont get any money back but at least it will be on record that he has outstanding debts
Any thoughts would be appreciated

No,you just need to give him 2 full months notice,maybe add a few extra days.The only time I was about to start a small claims action (for the same reasons as yours,to prevent any other landlords being taken for a ride) the tenant, who had moved out following 21,amazed me by stumping up the debt within 2 weeks.I think he had been advised to do so by CAB.Good Luck,and don't be soft-hearted again!

Thanks for that, thats a great relief and no, I've learnt my lesson 😄

Also, I asked the tenant by email early in Jan how they intended to clear the arrears - they ignored it. Can I now just serve the section 21 without further warning and can I put in a separate small claims for the arrears at the same time? Thanks

You can serve the Section 21 without further warning at any time. However, please do not underestimate the power of a served Section 21 in changing behaviour. What most Landlords really do not want is a prolonged legal / process battle that can come from serving a Section 21, the Tenant not politely leaving as requested, and it all dragging-out and costing you £s and plenty of stress. I have used a Section 21 in the past to good effect in shocking a Tenant into a change of behaviour.

Remember that once your Tenant leaves you'll have all the hassle / effort that comes from getting the property ready to re-let and with finding a new Tenant. Do the maths - what's the worst evil - £600 arrears or (maybe) similar costs in getting someone new in - someone unknown. Best avoided... if it's possible. Think clearly and the route forward will become clear.

You'll've read this, no doubt... but serve two copies of the exact same document in separate letters, First Class, from two separate Post Offices and get - free - proof of posting (for both)... don't bother with Recorded Delivery or anything like that - it can be ducked / refused. First Class cannot and is considered delivered two days after posting.

Appreciate what you're saying Hippogriff but I have really been stressed with this tenant for various reasons ie house a tip, seems to be drinking a lot and insists on lighting candles around house, always having large parties etc. I didnt want any hassle which is why I thought if I served a Section 21 under the pre 2015 regs I wouldnt have to give a reason for wanting him to leave - surely he couldnt contest that in court then could he?

I'm not saying don't do it and I'm not saying don't progress it all the way... I was just saying think clearly about the business. If you are, then it's OK.