kicking out tenant, section 8 or 21?
kicking out tenant, section 8 or 21?
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koolchris99

Original Poster:

12,534 posts

210 months

Saturday 11th September 2010
quotequote all
Continuing on from my other thread, the SocGen American who lives in my flat is now 2 months behind, 46 days on one and 16 on the other. She doesn't answer phone calls, or reply to emails, or anything. I called her at work the other day and she said she was having trouble transferring money from paris. I reckon shes a) dumb and b) trying to do a runner.

She is on a 1 month rolling contract as it is well past the end of her normal contract, i have given her 6 weeks notice as stated in the contract we have with her.

However, i want to scare the bh into paying, apart from money claim and a bankruptcy writ which im starting and serving on Wednesday (maybe at her work if im feeling mean) can i use section 8 in this case??

I presume ive got these grounds, but does section 8 apply when outside a AST contract period?

Ground 8
At the date of service of the notice and at the date of the hearing, the tenant has not paid the rent, and either rent is payable weekly or fortnightly and at least eight weeks’ rent is unpaid; or rent is payable monthly and at least two months’ rent is unpaid; or rent is payable quarterly and at least one quarter’s rent is more than three months in arrears.

Ground 10
Any amount of rent is in arrears at the date of service of the notice and remains unpaid on the date on which the proceedings for possession are begun.

Ground 11
The tenant has repeatedly failed to pay rent.

Cheers