Serving Notice to my tenant

Hi, my tenant owes 2 months rent - and she is consistently late in paying rent. She refuses to answer texts or calls or emails, and wont answer the door. So i need to serve Section 8 and i presume i would put Ground 8 and Ground 11 – is that correct, and give 2 weeks Notice? ….

from reading it seems a good idea to also serve Section 21 as a back up aswell. Is this correct.
I presume i can claim rent arrears owed from the deposit held in scheme

I really appreciate advice from other landlords Thanks so much jane

Yes, you can serve a s8 on grounds 8, 10 and 11 if they all apply. However s21 may be quicker if you can serve a valid one, (check compliance).

If the arrears keep accumulating, you would have to judge whether its worth suing them using MCOL once they’ve gone.

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Thanks so much David, really appreciate yr reply. You said that Section 21 may be quicker? I am a bit confused - as Section 8 would give the tenant 2 weeks notice would it ….. whereas Section 21 would give 2 months notice ….. is that correct ? ….. i was going to issue both anyway ….. so list all 3 grounds on the section 8 notice then …….. Also David re arrears, i presume i can at least claim the deposit monies held, towards these arrears owed.

Thanks again really appreciate it

Section 8 notice finishes quicker but s8 and s21 are only notices to leave, they dont end tenancy if tenant doesnt leave. If tenants dont leave you would need to enforce via courts and s21 would typically be quicker to enforce via the courts than s8.

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Thanks Richard, appreciate yr reply …. yes i do realise that if tenant does not leave, then i need to apply to court …. but if i send Section 8 for rent arrears (ground 8+ ground 11) then i only have to give 2 weeks notice …. so this will enable me to progress to court quicker then …. is that right? ….. I was going to send Section 21 aswell as a back up ……. and later claim the deposit towards the rent arrears. Is this the best plan Thanks so much

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@Jane27

Not clear how long since tenant communicated- can you see if.they read your whatsapps/txts/emails?

Check with neighbours if they seem to be living there (might have left? Or be in hospital). Contact any contacts you have for tenants family/friends or employer saying you are concerned as not been able to get a response.

Get advice from an eviction specialist?

When serving notices make sure you send to every address email whatsapp employment location address and txt/phone number you have as well as putting through letterbox (take photos)

Maybe also make an appointment for an inspection visit (if they are there they can’t refuse to let you in) so you can handover in person. Take a friend so you have a witness. Maybe gas engineer to service boiler/do gas safety check if due reasonably soon so you/your contractor have a safety reason to enter even if tenant not present

Good luck

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Thanks David - appreciate it. Yes she is still living there, neighbour confirmed that she has seen her regularly. Lights all on if i call at night …. but she wont answer the door as she knows it will be me. So i push letter through letter box several times now. I will send several copies of Notices as you have advised. Thanks ……. Can you just confirm though – that sending Section 8 giving 2 weeks notice — and Section 21 aswell ———- is the best thing to do —- really appreciate it thanks

Section 8 requires a court hearing whereas s21 can use the accelerated possession route which is normally quicker as it is a paper exercise and doesnt need a hearing. However, there is no harm in serving both.

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@Jane27 Jane27 so make an appointment for an inspection with a contractor and/ or an eviction specialist for a time she will be there (6pm?) and use your own key. If she tries to stop you entering she will be in breach of the tenancy agreement which will say she has to allow access.

Good luck

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Thanks David, great advice, thank you …. Just typing section 8 and Section 21 now ….. The AST expires 7th July 2026 – with a break clause from 8th March — so i presume i can only send the Section 21 notice to end 8th May 2026

A break clause will normally allow a s21 notice to expire any time after the date, so in your case 8 March. However, it depends how its worded so please check this.

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Yes it says that after 8th March …. the landlord can give 2 months Notice …….. so that takes it to 8th May 2026

Yes, it would appear that you can only serve the notice after 8 March. Many break clauses are badly worded, which is why I dont advise using them.

Just to manage your expectations

The reason she is not answering you is because she has a finance problem. .

Yes, do the inspection .

Get ready to document everything and have it in chronological order in preparation for any court case should that arrive?

As stated take someone with you and get them to do the videoing, before you take them, make sure they know how to do a video with the photo in landscape. Video yourselves actually ringing the bell on what happens from there on in until you walk out of the property.

Write back to the tenant with a condition report and anything that needs doing, replacing or has been damaged, and who is responsible for what?. this will also start to give you evidence towards any claim on the deposit or future claim for any outstanding moneys.

If you have actions that you must do, state what they are or when you’re going to do them and that you will require access. The last thing you want is for her to say there is a problem in the property which hasn’t been addressed, even if she hasn’t told you.

You may want to sit and wait somewhere close by to see who is going in and out of the property and whether other people are living in the property. I had access issues with one of my properties and found there were five other people living there, and that was a one bed properly.!!!

If you find there are any preachers of the AST you must stated in your report. Remember you are now writing information that will or may be read by a court and how it is written will either Help or hinder you.

It is likely that upon serving your S21 or S8 that she will go straight away to one of the tenant organisations who will give her loads of information of how to delay things. This is where your expectations need to be realistic because things could go downhill very quickly. Sorry to say this but managing your expectations keeps the stress levels reasonable..

An aid to keeping her in the property and to addressing the problems is to work with the local council or universal credit if they are appropriate. Often they will pay landlords any Back rent or a fee to keep the person in a home. do not sign any of the contracts.

The issue you have with that is when that starts, you may not end up with 2 months rent outstanding which invalidates the section 8.

Conversely, to get things back on Track And with either of the two aforementioned, you get money in. Another possibility is that they will deduct from any payments to the tenants a sum from their UV payments which will help to start paying the bank rent. It will be a small amount.

If you end up going to court and win, you do not need a solicitor, you could do it yourself with Help from NLA info. If a tenant has no money they will get free legal help (it’s a really fair world isn’t it?)

If you are awarded the propert and any back rent, you need to ensure that you have asked for this, plus any interest, in fact you have to supply a list of a costs you are requesting.

The tenant will be asked to leave by a certain time, the court considers periods between two and six weeks.

If the tenant decides not to go, you then have to reply to the court again for the bailiffs.

If you go to the High Court and pay the costs, you can circumvent this.

If the tenant just walks out at any time, you have to keep their property for a predetermined time and notify them where they can collect. Try and get as much of this upfront as you can and take advice, as the above information comes from historic experience and of course things change.

So you’ve had your expectations, now realised.

When discussing with the tenant, it’s always worth saying that if they get an court award against them, this will not only affect their credit status, ability to get another property, but also their insurance, credit card and bank interest rates will be affected. So it’s in their interest to go, once you get a CCJ against you all sorts of crap patterns in your life..

Bon courage!

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Thank you so much Bryan …. I have served the Section 8 Notice giving 2 weeks Notice to 1st February. I understand that it is very unlikely that the tenant will leave then. I get the feeling she has played this game many times tbh, and knows her rights.

I am waiting to see whether she now pays any rent, or whether i need to go ahead with court action

So even if she leaves – i still need to leave the house empty! For how long? This is all very painful and confusing and im so grateful for advice from you guys ….. who have had to put up with this nonsense for some time !

Thanks so much

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@Jane27 you can try offering to waive the unpaid rent if she signs a document [deed of surrender] agreeing to leave by [suggest a date] and hands over keys on the final date. Then when she leaves that’s it. If she leaves otherwise, then you may have to wait and gather evidence she has actually left to avoid risk of being accused of illegal eviction which is a criminal offence and can lead to very large fines and even prison. Look at the threads here on ‘Abandonment’

good luck

Just make sure all tenant documentation is 100% up todate, otherwise your application will be refused.

If you are not a member of the RNLA join now, you an claim against income, they have loads of info, forms etc on their portal plus a help line.

Thank you so much, appreciated

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Thanks so much Brian …. i will look in to joinging RNLA

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The large majority of tenants do leave at the end of their notice and landlords just move on. Where you have a tenant that you think may try to claim you illegally evicted her, you should gather as much evidence as possible that she has left - texts, emails, left keys, empty fridge and bathroom cabinet, no valuable personal belongings, closed utilities and council tax accounts etc. These are evidence of an implied surrender, and as long as you have a few of them, I think you’ll be ok to move on as in this case it comes after youve served the tenant notice.

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