Clarity Sought.
Possession - Section 8 and Section 21

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19 Posts
14 years ago
Hi at the RLA,
I intend to issue a Section 8 notice on the 15th Sept 2009 to a tenant
who at this time will be two calendar months in arrears.The tenant has been in residence for nearly six years.

Viewing the guidelines in section 8, I have a query concerning the following statement when referenced against the tenancy agreement drawn up by a letting agency in October 2003 and is still the terms of reference for myself and the tenant.

The following is the part of the Section 8 notice from the RLA forms.
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.

The following is the part of the SHT Agreement which is vague.
1. This Tenancy Agreement is for letting furnished or unfurnished residential accomomodation on an assured shorthold tenancy within the provisions of the Housing Act 1988 as ammended by part III of the housing act 1996.
2.This agreement may be used for residential tenancies of "three years or less."
Agreements for tenancies of a longer duration should be drawn up by deed.

The question is, if I have to proceed through the courts to evict;is this clause refering to the three years period valid or is it dead in the water regarding the issue of a section 8? Or do I simply issue two months notice to vacate and hope for the best and go through the courts for rent arrears at a later date?
Look forward to hearing from you.
Kind regards
Mike O' Connor.

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