Accelerated Possession or Section 8?

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    Accelerated Possession or Section 8?

    I have a nightmare tenant, on whom i have served S8 and S21 notices a few months ago, so either route is now open to me.

    She owes about 3 months rent.

    Now if i go down the section 8 route, i know they must order her to leave and will likely order payment of the arears. BUT, she hasn't got a penny to her name so i'll never get anything anyway.

    With this in mind would it just be quicker at this stage to use Accelerated Possession? Bearing in mind this does give her 14 days to file a defense...

    Which will get her out quickest do you think?

    #2
    I was in pretty much the same situation as you and I went down the S21 route as I estimated it would be about 3-4 weeks quicker. If you go S8 you can land your tenant with a CCJ at the end of it but I was advised to put my business head on and just get him out as quickly as poss. You can always take the tenant to the small claims court once he's out, although you will have to trace him first.

    To give you an idea of timings, the possession date on my S21 was 13th June and I finally got a possession date from the courts for 18th August. Luckily he moved out a few days ago without me needing to get the bailiffs in because that would have taken about another 4 - 8 weeks.

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      #3
      One thing landlords often fail to do is make sure they put in a money claim at the same time as the possession claim, or even after repossession. Leaving the money bit out of the equation may help you gain possession sooner but the next landlord will not know about all this unless the tenant is pursued. If a new landlord were to receive an application to rent and checks this person's credit record then if you do nothing it won't show up and he will continue to dupe landlords time and again! Your next tenant might be the one who has left a previous premises owing a lot of money and got away with it.
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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        #4
        Im interested to know what needs to be completed to make a money claim. I have the same scenario here, I have served a S21 which the tenant has ignored and I have now issued a Possesion Order, I have included the arrears on the order but I am unsure if I need to do something else to ensure the tenant recieves a CCJ and is ordered to pay these costs.

        I desperately want this tenant to recieve the CCJ as they are two young very cocky kids with good knowledge of the tenancy laws and hence if they dont end up with these then I have no doubt whatsoever that they will simply move on and be nightmare tenants for some other poor landlord.

        Cheers

        Jason

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