Eviction and high court advice

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    Eviction and high court advice

    Hi All,

    I'm sure this has been discussed a lot so I apologise if this is well documented.

    I have a tenant in a property who lost their job 6 months ago and has now gone onto housing benefit. The upshot of this is they stopped paying their rent for a time and now only pay around half (if I am lucky).

    I have served the tenant with a section 8 and plan to not renew their tenancy agreement which ends on the 31st of March. I suspect they will not go easily as our letting agent has implied the council has told them to sit tight.

    I have been in this situation before and went through the proper channels. It took me over a year to evict the tenant. I did not escalate to the high court in this case.

    This time I would like to try and recoup my losses (they have a good guarantor) but also evict them if necessary. I think the high court seems to be the way to go but I wanted some advice on the best order in which to do this.

    Should I concentrate on getting them out first via HC if necessary and then go after the guarantor for losses or can I pursue both at the same time? My concern is if I go to the HC regarding the losses now there may be further losses incurred if they don’t leave at the end of their agreement.

    Hope that makes some kind of sense.

    Many Thanks!

    #2
    You can't go direct to the high court, you need to serve notice then if they don't go submit to the county court for a possession order. Then if they still don't go you can transfer to the high court by applying to the judge. It's always a lengthy process if the tenants don't shift. You can't use the accelerated route if you're applying for back rent either.

    Comment


      #3
      Have you served a s21? These are usually much quicker than s8's.

      Comment


        #4
        They are? minimum 2 months notice period vs minimum 2 weeks before proceedings can start. I confess to not having masses of experience here so quite keen to learn

        Comment


          #5
          They certainly don't take a year. As long as you have done all the paperwork you should have, they are really a formality.

          Comment

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