Served both Section 21 and Section 8 but what one is best to use.

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    Served both Section 21 and Section 8 but what one is best to use.

    Dear Forum,

    I served a tenant a Section 21 6 months ago and also a Section 8 recently ( 3 weeks ago) as tenant has not paid rent 6+ months and also threatening behaviour towards others as he's suicidal.

    I know a section 8 I'm working on Grounds 14 but never been to Court using a Section 21 and want to know if there is any time difference, do you still have to have pre-hearings etc etc.

    Just looking a quickest way to evict, council / social team know his issues but can't seem to help.

    The tenant has mentioned using a Deed of Surrender if I pay for him to leave, but feel that he will cause issues (take money) then claim wrongful eviction etc.

    Any help / advice welcome.

    Thanks

    #2
    The section 21 notice has an accelerated route that may not result in a hearing - it depends on whether the tenant offers some kind of viable defence.
    The main issues with section 21 notice are getting the process and admin wrong - otherwise there's not really any defence to the notice.
    Currently you can't evict anyone (all possessions are stayed until 31 May at the earliest).

    Section 8 will always have a hearing.
    Ground 14 is a discretionary ground and isn't an easy way to evict someone, ground 8 might be simpler.
    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).

    Comment


      #3
      Possession order are allowed to be executed if arrears are at least 6 months and it was obtained after section 8 for one of the arrears ground. The other allowed reason for execution of PO are ASB. I don't know without checking whether ground 14 qualifies.
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

      I do not answer questions through private messages which should be posted publicly on the forum.

      Comment


        #4
        Yes I would go with s8 ground 8 on the basis they are currently allowing evictions under this ground so that is unlikely to change, whereas the ban re other grounds could be extended.

        Comment


          #5
          Many thanks for your time and answers.

          Comment


            #6
            Section this and section that, they are all a waste of time. Not worth the paper they are written on.
            Just like the Tenancy Agreement, pointless !

            Comment


              #7
              We'll have no defeatism here....

              Of course in England no requirement for an AST to be on paper anyway!
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment


                #8
                The landlords dilemma here could be that on the one hand, the only evictions that are currently taking place are based on s8 notices, not s21, but if the tenant is suicidal and seeks help from a mental health professional, he may be able to use the new Breathing Space regulations to prevent an eviction under s8g8,10,11. This is likely to be an even bigger issue if and when s21 is abolished.

                Comment


                  #9
                  The tenant would also have to be in a debt management process as well as experiencing a mental health crisis.
                  Debt management programmes prioritise payment of things like rent.
                  If making routine essential payments isn't possible, there's not much point in debt management or a breathing space.
                  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).

                  Comment


                    #10
                    Well we've yet to see how the scheme will work, but if the tenant sought help from a mental health professional and mentioned his residential circumstances, I would have thought that the first thing they will do is refer him to a debt management programme.

                    Anyway, mere speculation at this stage, but I note a report today that says the Gov't expects around 700,000 people to use the breathing space regulations.

                    Comment


                      #11
                      boletus And the scary part is that the government seems quite relaxed that 700,000 people will get into serious but avoidable debt and need professional help to sort themselves out.
                      There's something basically wrong about that.

                      A breathing space is only useful for people in financial difficulty they can get out of, otherwise it's pointless.
                      And if they can get out of it, help should be available to stop them getting into that situation in the first place.
                      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).

                      Comment


                        #12
                        Agreed. I can't see how preventing a non-paying tenant from being evicted and thereby escalating their debt can be in any way considered breathing space or good for their mental health.

                        Comment


                          #13
                          Originally posted by DPT57 View Post
                          Agreed. I can't see how preventing a non-paying tenant from being evicted and thereby escalating their debt can be in any way considered breathing space or good for their mental health.
                          There's always a risk that the intention, policy and reality differ, but a non-rent paying tenant probably shouldn't qualify for a breathing space anyway.

                          As one of the debt counselling services is run by Shelter, we shall have to see.
                          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).

                          Comment

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