Use of section 21 after a fixed term.

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C
Caller
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Hi,

I have a tenant who refuses to pay rent until he is eight weeks in arrears then pays sufficient to bring him just under that period, he informs me I cant do anything to get rid of him as he is not 8 weeks in arrears, he persistently grumbles about the most trivial issue citing disrepair. Section 8 route will inevitably be contested. So I want to use section 21. The property is not a registrable HMO (two stories self contained accommodation) and the deposit protection and the requisite information have been complied with by me. The tenancy is beyond the 6 months AST period.

The question is: If I serve a section 21 notice before a rent day requiring 2 months notice (it is monthly tenancy and monthly payment is requested) does the notice continue indefinitely until a date when I elect to bring possession proceedings (say for instance in 4 months time) or will it expire at the end of the section 21 period if I do not elect to bring proceedings at the end of the 2 months. My objective is to have an effective threat in place in order to ensure he pays on time in future.

02/11/2009 00:00

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