Section 21, Section 8 or both?

[tressillian]

I am a landlord and a month ago I served my tenant with a Section 21 notice - which still has a month to run. The tenancy agreement is a AST (periodic). In the last month, the tenant has become 2 months in arrears in rent payments and I am considering a Section 8 notice on the grounds of arrears, persistent late payment of rent and noise/nuisance to neighbours. I am considering this because I believe that the tenant will either:

 

1. Do a runner - and leave without paying the arrears. The damage deposit will not cover the damage to the premises and the outstanding rent.

 

2. Refuse to vacate at the end of the Section 21 period and also not pay rent whilst I sort out a Court order - thereby increasing the arrears.

 

I am confused and unsure about which Notice - i.e. Section 21 or Section 8 - will be the most effective. Questions:

 

Can I do both?

What is the procedure for recovering arrears following a Section 21 process?

Which is the most effective in terms of removing the tenant and recovering unpaid rent?

 

Any help much appreciated.

[Steve__M]

If your tenant doesn't move out, you will need to use Section 8.

 

You could start Section 8 proceedings now based on the arrears, or wait till the 2 months are up and see what happens (but be ready).

[MrShed]

If your tenant doesn't move out, you will need to use Section 8.

 

Not sure why, Section 21 posession proceedings would be adequate.

 

You could start Section 8 proceedings now based on the arrears, or wait till the 2 months are up and see what happens (but be ready).

 

You can use both, so to my mind no reason to wait. I would personally also be serving the S8, using ground 8 10 and 11 now.