Rent arrears are a major landlord headache. Serving the right notice is key.
England & Wales:
- Section 8, Ground 8 (Mandatory): Use if arrears are 2+ months' worth (if paid monthly) both when serving notice and at the court hearing. Strongest option if criteria met. Notice period: 2 weeks.
- Section 8, Grounds 10 & 11 (Discretionary): Use if some arrears exist (G10) or if tenant pays persistently late (G11). Court decides if eviction is reasonable. Notice period: 2 weeks.
- Section 21 (No-Fault): Can be used if tenancy is periodic or fixed term ending, provided you meet all S21 compliance rules (deposit etc.). Avoids arguing about arrears in court but needs strict prior compliance. Notice period: 2 months.
- Strategy: Often serve S8 (Grounds 8/10/11) and S21 (if compliant) concurrently. Pursue S8 for quicker potential action on arrears; S21 acts as a backup if S8 fails or compliance is perfect.
Scotland (PRT):
- Notice to Leave, Ground 12: Use if tenant has been in arrears for 3+ consecutive months, and arrears equal at least one month's rent when applying to Tribunal. Notice period: 28 or 84 days.
Always: Keep meticulous rent records. Communicate clearly with tenants (payment plans?). Use correctly formatted notices like those from Legalmaster™.
