3 months Rent Arrears, 12 month AST ended last week

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Vickesh P
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Hi All,

I am hoping to get some advice on what is probably a common scenario (and apologies for this long thread). I am a first time landlord, and the tenants that I have in my property started their stay 5th April 2014. The contract was an AST contract in which the fixed term came to an end last weekend.

During this year, the tenants, who are also DSS, have on a regular basis missed monthly rental payments and are currently 3 months in arrears.

Given that the fixed term contract has ended, and assume this is now in a periodic rolling 1 month contract, which of the Sections 8 or 21 would I need to serve to regain possession of my property and also reclaim the 3 months rent arrears due to me?

I think a section 8 is applicable, however does this have to be a 2 month notice or can this be a 1 month notice?

If by the end of this notice, the tenants do not move, do I then need to apply for court proceedings or should I in parallel apply for court proceedings anyway? I am assuming that given 3 months rent is already due, the notice period of 2 months will mean I wont probably receive rent directly from the tenants during this period, amounting to 5 months in arrears.

Hoping to get some advice on how to progress with this.

Thanks

Vic

10/04/2015 16:10

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