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Member said: Posted on: 04/06/2009 00:00

I have a tenant on an assured shorthold tenancy agreement paying a rent of 490 pcm. The contract should expire at the end of july and a section 21 notice was issued at the beginning of the tenancy for that date (31st July 2009). Subsequently the tenant has got into arrears. rent is due monthly on first of each month. She did not pay rent in april and in may paid three payments totalling 600 which covered april's rent 490 and 110 of may's rent. The rent was not paid again on the first of June meaning she is now 870 in arrears. My question is 1. would it be better to serve a section 8 notice today or 2. wait until the next rent payment is missed on 1st July before serving notice or 3. Is it legitimate to accrue rent on a daily basis then issue the section 8 notice once the rent arrears totals exactly 2 months (980 in arrears). or 4. would relying on the section 21 notice previously served be sufficient.

Thanks in advance for your help.

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