Possession Order advice

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    Possession Order advice

    Hi there, hoping for a bit of advice. Have scoured the gov.uk web pages but still unclear.

    Our tenants have defaulted on their rental payments. Due 1st Jan, and have advised they are unable to pay and can not confirm when they will be in a position to pay until at least mid-Feb!

    Our letting agents have issued a Section 6A possession order, however I am not convinced this is the correct notice.

    The AST ended in October and due to repeated late payments we refused to renew under another 12-month AST. So, they are now on a periodic tenancy.

    I am aware that the usual notice period is 2 months, however, as they have defaulted is this still the correct notice to serve? A Section 8 seems more appropriate (I.e negating the need to give 2 months notice, given that they are just about to default on their second rental payment)?

    Gov.uk states:

    “... Seeking possession under section 8

    How much notice must I give my tenant?

    The notice you must give if you are using Section 8 varies from 2 weeks to 2 months depending on the ground you are using....”

    Any advice and/or words of wisdom would be hugely appreciated

    I would initiate a MCOL in addition to anything else. We presume they have sold their vehicle, stopped smoking and so on, or are they prioritising other things over the rent?

    Have they explained what the reason is - there may be some sensible reason, but if they haven't even tried to explain, go ahead with getting court papers arriving on their doorstep to sharpen their priorities.


      Our LA recently (on 22/1 - 3 weeks after rent due date!) informed us that the tenant claims he notified them in December to advise that he was owed a lot of money and could not pay until this was received. No valid reason really, he lives hand to mouth and has repeatedly refused requests to set up a monthly SO. I suspect he works for cash, and how he ever passed the LA’s credit reference checks I will never know!!!

      He is late every month, usually by 1-2 weeks, but this is the second time he’s been 3 weeks late. And the first time he’s admitted he won’t be able to pay this month or next.

      So we’ve decided to cut our losses and evict. The LA also told us we could be letting it out for a much higher regret.

      The LA are partly to blame here. Their service has been atrocious so we will likely find another agent once this is all resolved.


        There are plusses and minuses to s8 and s21, but s21 is a no fault repossession and can only be defended on procedural grounds (ie. something you or the agent did wrong when starting the tenancy or in issuing the notice).
        However, they are notoriously difficult to get right - google nearly legal s21 checker.

        s8 can be defended, usually on the basis that there's something wrong with the property and is really only useful when the tenant owes two month's rent.

        But there's no harm in having both notices running in parallel.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).


          I mailed the Agents last night to check the validity of the notice....and to check they would be issuing by recorded delivery...

          You honestly couldn’t make it it. The lady who has only just taken over from the previous (incompetent) agent apparently “no longer works for the company”! Second employee to have left at short notice, says it all really 😩

          Anyway, they have promised to hand deliver and record them delivering tomorrow. They hadn’t event got round to prepping it yet so had I not phoned up, I suspect it would have fallen down a black hole again.

          I think we’ll be claiming from the Agents at the end of all this as they have not managed it in line with our contract.


            They shouldn't issue anything recorded delivery because the tenant can refuse service or fail to collect the letter if it's not delivered.

            Hand delivery or post with proof of posting.

            If they hand deliver, get whoever did it to complete and sign the Form N215: Certificate of service because with that staff turnover it's unlikely to be easy in a few months!
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).


              It was hand delivered today and recorded putting through letter box 🤞🏻


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