Evicting a tenant at the end of the 6 month fixed period of the AST - first timer!
Possession - Section 8 and Section 21

Simon S
Simon S
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2 Posts
3 weeks ago
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Hi everyone, I have been a landlord for 5 years now but this is the first time that I have had to do this. We had a tenant move into one of our properties, they moved in on Feb 1st this year, with rent due on the 1st of each month. The AST that we supply has a 6 month fixed notice period. Since moving in, the tenant has shown an inability to pay rent on time - with rent appearing later and later each month, to the point that here I am on June 26th still awaiting the rent that was due on June 1st. Our AST states that we expect the tenant to take out a Standing Order with their bank (and provides the relevant form for them to take to their bank) but I have needed my local agent to collect the rent in person in cash - and I really do not like putting him in a position where we has to walk around with large amounts of money and visit the bank. We were ok with taking the rent in cash in March (we received a sob story the first time this happened, were assured that this would not happen again, would set up the standing order etc), but clearly, the tenant has already shown their true colours by not paying their rent one time once since they moved in.

Clearly, as the AST has a fixed 6 month period, and them moving in on 1st February, then the 6 Month Fixed period for the AST finishes on July 31st. Am I correct in saying that I will need to issue a Section 21 to end the tenancy at the end of the 6 month period (July 31st) , and that I need to give 2 months notice here? In other words, we cannot simply remove them on July 31st, but issuing a Section 21 now (in June) would mean possession back at the end of August? If this is correct, does that mean that we are legally allowed to charge rent for 1st Aug as a single rolling month?

 

Thank in advance to anyone who has been in the same situation before and can confirm my understanding above is correct.

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