Section 8 Question

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M
mo_523
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I thought I knew my law but I'm a little confused on S8. I asked RLA help desk if a Section 8 could be used during the periodic tenancy as I understood that Section 8 was only for fixed term tenancies. RLA help desk said that it could but to be on the safe side, use S21(4) at the same time.

On downloading the S8 from RLA site, the notice clearly states the following;

NOTE: Do not use this form if possession is sought on the “shorthold” ground under section 21 of the Housing Act 1988 from an assured shorthold tenant where the fixed term has come to an end or, for assured shorthold tenancies with no fixed term which started on or after 28th February 1997, after six months has elapsed. There is no prescribed form for these cases, but you must give notice in writing.

If I read this right, it is saying not to use S8 if tenancy is periodic!

Thanks

17/10/2012 00:00

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