UK Landlord Forum / Life

Hi, I am not an experienced landlord. My tenants have not paid rent for 3 months I did not take a deposit.

Question
1. What and how do I serve whatever? I have become very confused about Sect 8 and Sect 21.
2. How can I recover my rent?
3. Any expense I incur now, can this be recovered CCJ?

I desire two things, recover my rent and costs and evict the tenants


Hope someone can help

When did the tenancy start, how long was the fixed term?

Thanks Hippogriff

Sorry should have thought to put that, I had an agreement for 12 months which ended last august (2014) and we haven't signed another since so I think thats' a 'periodic'?

Correct, you've gone beyond the initial fixed term.

At this point you can use the Section 21 to serve notice of at least 2 months on the Tenant.

Section 8 is for when there is rent arrears (yes) and can be used when you're within the fixed term... Section 8 can be defended against by a Tenant who know how to play the system, the usual 'defence' is a claim of disrepair (whether real or imagined), which would delay the process considerably.

A Section 21 is a no-fault notice... no reason needed or justification required. A Court must order repossession of the property if things have been done correctly... by that I mean enough notice has been given and any deposit taken has been protected correctly.

So a Section 21 would be simpler for you if your main objective is to get the property back - and the Tenant out. Afterwards, you can follow-up on outstanding rent... maybe it might be best (for you) to break this task down into smaller chunks you deal with one after the other?

Many thanks Hippogriff

I will print a Section 21 off and serve it on the tenants myself in the morning,(Joint tenantcy, so one each?)

I will give them 2 months notice if that is the minimum I have to give.

Once that is done I will seek recovery of the rent and any additional expenses I incur. Good advice to separate it up. My head was spinning and I didn't know what to do first.

Is it a simple mission to get court orders for the money and is that what a CCJ is?

Thanks P

"at least" 2 months notice.

Deposit taken and protected correctly?

No deposit as per OP.

Apologies, habit.

Thanks for the help.

I served the Sect 21 and gave two months plus plus 3 days.

I sent a follow up e mail today asking what their intentions are as the longer they stay the more they will owe.

One of the tenants is a social worker who will/can work so feel confident I will get what I'm owed.

I asked them not to put me in the situation of civil recovery as that would seriously damage their credit rating etc.