Should I serve Notice under s.8 or s.21?

  • Filter
  • Time
  • Show
Clear All
new posts

  • Should I serve Notice under s.8 or s.21?

    Hi everyone, I am new to the forums and this is my first post, though I must have read a million, so thanks for all the advice so far, even if you did not know you had supplied it.

    A brief background. T missed Decs rent, (monthly in advance), and being the charitable kind we gave her a chance to sort it out, which she predictably did not. We then served her with a Section 21 with a date of 3rd March (beyond the end date of the AST). When Januarys rent failed to materialise and after a week or 2 of trying to establish contact which she steadfastly avoided, we served her with a section 8 with a date of 30th January (Grounds 8, 10, 11 as suggested on this forum).

    My question is, given that there is only a months difference between the 21 and the 8, which is the better choice. I suspect the 21 due to the accelerated process but will definitely take advice from those who know best (you guys).

    The T is a single mother with a child about 8 yrs. Will this affect anything as I have heard stories about this.


  • #2
    From my own (bad) experience, I would go for the 21 - if served correctly, then there is no defence (although as I found out the T can still ask for a hearing (or two) to have the actual eviction delayed).


    • #3
      There is no reason why you cant serve both and decide later which one to use.


      • #4
        AS others say above, it is a close call, but I would stick with a section 21. There is so much less to go wrong and the possession order os issued by a judge in chambers where he only has to check the paperwork. In open court - needed for a section 8 action - he could easily be swayed by a sob story from your tenant who could also stump up with some rent on the court steps which would prevent the action going ahead. You might get your possession order a week or two earlier, but this will have cost you an additional £150 in court fees. Is it worth it?

        Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.


        • #5
          Thanks for the feedback so far. I did serve both the 21 and the 8 and the difference was only a month. I did not realise it was more expensive to go down the 8 route and as there is no point in wasting any more money I will go down the 21 route. I just want to get the property back as soon as possible as it is now fiarly obvious that I will not see any rent money. Do I, therefore, use the Accelarated Procedure and if so what forms do I need for this is it the N5 or is there a different form?


          Latest Activity


          • Mice in the flat - what to do?
            We have had mice for a while now. There's only one or two that we see (we're not overrun) but still, they've left urine stains in our cupboard and behind the skirting it's ridiculously filthy and soiled.

            Are we legally able to pay for a cleaner then subtract it from our rent next month...
            26-07-2017, 06:02 AM
          • Freeholder Scaffolding Over My Flat
            I have a leasehold studio flat with a garden in London that I rent out to tenants.
            Recently, the freeholder gave me three days notice that he was extending part of the building my flat is joined to and he would need to put scaffolding on my flat roof and in my garden. I immediately objected saying...
            24-07-2017, 21:20 PM
          • Reply to Freeholder Scaffolding Over My Flat
            Are you effectively saying it is standard for a freeholder to have access to build?
            I have looked at the lease, can anyone advise on someone that make the lease clear to me?...
            26-07-2017, 06:01 AM
          • Tenant application form
            Hi all!

            So we are just about to put our flat on the market to rent is there anywhere we can get a ODF application form that we can email to any prospective tenants?

            Thanks in advance,

            25-07-2017, 20:14 PM
          • Reply to Tenant application form
            You really need two forms.
            a) A simple one for first-pass selection containing your basic questions. The point of this one is to help you decide if you are going to waste any time at all (and the tenant's time), even on a viewing.
            b) A much more complicated one (have you ever failed to leave...
            25-07-2017, 23:54 PM
          • Reply to Freeholder Scaffolding Over My Flat
            I would expect any competent solicitor to have drafted the lease to give as many rights of access for building and repair as the freeholder was likely to want. You'd need to look at the lease to know.
            25-07-2017, 22:57 PM
          • Non- protected deposit, and disputes
            Q1 – Where is the rented property located? England

            Q2 – What type of Tenancy Agreement (TA) is this? Multiple tenants (a couple) - one tenancy agreement

            Q3 – What date did current TA start 01/11/2016

            Q4 – How long was initial fixed term 6 months
            24-07-2017, 12:25 PM
          • Reply to Non- protected deposit, and disputes
            If by that you meant that an application have been made for voluntary striking off the company from the register, then you need to contact Companies House to object to it on the grounds that 1) it has traded or otherwise carried on business within the last 3 months 2) that you are a creditor and that...
            25-07-2017, 22:55 PM
          • Burglary Damage - Who Pays?
            Our rented flat was broken into, in the process the Yale lock was broken and cost £100 to repair. The landlord is refusing to pay this on the basis we didn’t also lock the door with the mortice lock. We didn’t use the mortice lock as it wasn’t working although the landlord did not know this....
            25-07-2017, 11:40 AM
          • Reply to Burglary Damage - Who Pays?
            Would the same ring true if a tree had crushed the roof? Or some non-act of God event? Surely there is a limit to where the tenants responsibility ends and the landlord's begins?...
            25-07-2017, 22:07 PM