Repossession for rent arrears

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Alan F
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Dear sir,

I am currently seeking repossession of my property for rent arrears. The facts are:-

29th September 2007
Start of tenancy, tenant pays one month rent in advance and one months rent as deposit.

5th January 2008
Tenant is over 8 weeks in arrears despite earlier promises of payment. A final reminder is issued to the tenant requesting all overdue payments be made by 14th January

16th January 2008
No payments have been received so I prepare a section 8 notice.

17th January 2008
I hand deliver the section 8 notice at the tenanted property. This states that legal proceedings for possession will not begin until after 1st February 2008. (This gives 14 days notice after serving the document).

I am currently preparing the court documentation (forms N5 and N119) which I am dating 2nd February 2008 and will send to the courts on that date.

I have followed the step by step guide to this process as detailed on your web-site (and which I have found very useful and easy to follow). However, I have just received a text from my tenant that states that the local Council's advice centre have advised him that a section 21 notice should have been issued and that as they have an AST, the notice can only be given to expire on the last day of the tenancy. I have checked through the process two or three times and it only confirms the process that I have followed. Have I missed something? I would appreciate a response before the 2nd February if possible, as I do not want to start hearing proceedings if I have a defective notice.

Many thanks for your help on this matter



27/01/2008 00:00

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