accelerated possession section 8

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    accelerated possession section 8

    Is it possible to exercise accelerated possession using section 8 ?

    My solicitor is advising to go with accelerated possession to evict the tenant and once we have court order we can file another court case to collect the rent arrears .

    i was in impression that accelerated possession can be served only using sectioin 21

    #2
    There is no accelerated possession with section 8.

    I think your solicitor is suggesting using section 21 to obtain possession and then making a separate claim for the money the tenant (presumably) owes.

    That would be the advice of many people here, provided that you can serve a valid section 21 notice.
    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).

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      #3
      as per this blog it is possible If the tenant falls behind with rent, the landlord can repossess the property and cut their losses. After you miss to pay 2 months of rent, the landlord is eligible to use an accelerated possession procedure. If proven the court will grant the order immediately.

      https://www.thetenantsvoice.co.uk/ad...ate_possession

      Comment


        #4
        Originally posted by imranpal View Post
        as per this blog it is possible If the tenant falls behind with rent, the landlord can repossess the property and cut their losses. After you miss to pay 2 months of rent, the landlord is eligible to use an accelerated possession procedure. If proven the court will grant the order immediately.
        That's not the same thing, though.

        A section 21 notice accelerated possession claim is one that can proceed without a hearing (although that doesn't always happen). It is a specific process that you elect to follow (or not).

        A section 8 notice will always have a hearing, because the landlord has to show that the grounds being used are satisfied. Using ground 8 does allow the notice to expire more quickly than using other grounds, and the notice is shorter than a section 21 notice.
        So it's quicker, and, in normal english could be described as accelerated, but it's not what people mean when they talk about an accelerated possession claim.

        And it's not as simple as it sounds - the tenant has to owe two month's rent when the notice is served and when the hearing takes place - and the tenant can simply pay some money owed the day before the hearing and the ground will fail.

        A money judgement from a section 8 hearing is not registered automatically as a CCJ, which a separate claim would be.

        Your solicitor's advice seems sound to me.
        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


          #5
          Originally posted by imranpal View Post
          After you miss to pay 2 months of rent, the landlord is eligible to use an accelerated possession procedure.

          https://www.thetenantsvoice.co.uk/ad...ate_possession
          I'd say that's wrong or at the very least misleading for the reasons jpkeates has said

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