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Secton 21(1) or section 8?

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I let a 'high end'property to a couple via a letting agent using an AST which has since turned periodic. The deposit was protected & prescribed information given.

The couple split before the tenancy became periodic. The female tenant remained in the property, the male has never made any contact with me. Anticipating problems I served a section 21(1) notice on her stating I required possession after the 20th of October. She signed both her and my copy. Her previous partner did not respond to the one posted through the contact address door he gave at the beginning of his tenancy and so I cannot prove receipt.

The female residing in the property has had many hardships and as of today (14th of October) is 2 months in arrears. She again visited the housing department and was told to advise me to serve a section 8 notice on her tomorrow. They also stated that she would have to stay put until evicted if she wanted to be rehoused. She has 4 young children.

Whilst I sympathise with her I would like to get my property back as soon as possible. Should I continue with the section 21 notice and use the small claims court to pursue arrears from the departed male tenant? Or would I be wiser to issue the section 8 as the housing department have suggested?

Both the female tenant and myself would like the swiftest option possible.

Thank you in anticipation of any advice.

14/10/2014 20:56

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