Here is a question to the blog clinic from Owen (not his real name) who is a landlord.
I would like to evict a tenant who has a rent arrear of 1 & 1/2 month’s rent and a Section 21 notice has been served.
Of course, the reason for the eviction is that the tenant is in arrear.
Theoretically, should I wait for the tenant to become 2 months / 8 weeks in arrear and then serve a section 8 notice?
My thought process is that if the tenant refuses to leave and a court order is required….
If the tenant can prove to the courts that a section 21 notice was served on the grounds of rent arrear, this surely would make the notice null and void? Since the section 21 notice is not designed for reasons of obtaining possession due to rent arrears.
You do not need to worry. The section 21 process is entirely unconnected with rent and it does not matter whether or not your tenant is in rent arrears. Your reason (for the purpose of the court claim) for asking for a possession order is that you have served a valid section 21 notice and the tenant has not left.
It is quite all right to use it if your real reason for eviction is rent arrears, this is often done.
You will be able to bring proceedings as soon as the notice period has ended – assuming that the notice is correct and that you have complied with all other requirements (for example the tenancy deposit rules).
Note that landlords wishing to evict their tenants will find guidance here. Also: