Fastest route for eviction of tenants?

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    Fastest route for eviction of tenants?

    Hi everyone,
    My tenant is more than 2 months in arrears with his rent. I have served section 8, grounds 8, 10 and 11. If he does not move out in 14 days I know I have to fill in forms N5 and N119.
    My priority is to get him out ASAP and deal with the rent arrears later at a small claims court.
    As I am new to this can you tell me the quickest way to proceed preferably without having to go to court?
    On form N119 section 10, is it best to just tick a) and d) asking for possession and costs?
    If I tick b) or c) will that mean there has to be a court hearing?

    Many thanks in advance for any help.

    #2
    if using a s8 notice for possession there will almost always be at least one court hearing possibly two!

    You might be able to serve a s21 notice but that must run for 2 months. Once it expires you can use the accelerated court procedure. Look at other threads on this.

    You need to work out when the notice can expire - when did the current tenancy agreement start and how long was it expressed to last for?
    PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

    Comment


      #3
      If you are doing the s8 you will have to go to court. A section 21 unless defended and you wont.

      Comment


        #4
        Thank you Paul and Johnboy for your replies.

        The tenancy began on 27th July 2008, it is a 12 month ast with a fixed period of 6 months. Can I serve s21 at the same time as s8?

        For the s8, would it make any difference to the speed of proceedings if I ask for possession, costs and unpaid rent, or should I just ask for possession?
        I believe my tenant had been receiving housing benefit and keeping it for himself, I cannot find out for sure as Lambeth coucil have refused to give me any information.

        Many thanks.

        Comment


          #5
          If you go down the s8 route go for the arrears as well it wont make any differance to the speed of the hearing. You will have have to produce a rent schedule though and 1 will have to be sent with the s8 served on the tenant.

          Comment


            #6
            Please clarify. Is the fixed term six months or twelve months? It can't be both.

            If it turns out to be twelve months, issue the section 21 notice period to expire after 26 July 2009.

            You can have section 8 and section 21 notices running at the same time.

            Comment


              #7
              Thanks for the replies,
              Sorry, the fixed term is 12 months. So, I will issue s21 to expire 26 July 2009.
              It looks like it would be best if I have both s8 and s21 running at the same time.
              Is there any other paper work that I should send to the court with my N5 and N119 forms apart from the £150 cheque?

              Comment


                #8
                Yes:
                copy of contracts
                proof of service of s8
                copy of s8
                Up to date rent schedule showing the arrears

                I paperclip into a pack with the compleated n5 & n119 and send to the court a pack for the court and another copy for each adult on the tenancy which the court forewards on.

                Keep one for yourself which is the orginals you will take to court because the judge may ask to see them.

                At the court hearing have another up to date rent schedule to give to the judge. (they like that because they dont have to work it out themselves)

                Comment


                  #9
                  Thank you everyone for your help.
                  I feel a bit more confident now, after your advice.

                  Comment


                    #10
                    Hi,
                    I think I have all the paperwork ready to send to court next week:
                    N5, N119, copy of s8, proof of service, copy of tenancy agreement, updated rent arrears schedule.
                    Do I need to send a witness statement, if so what is it?
                    Also what is the correct way to set out the rent arrears schedule?

                    Many thanks.

                    Comment


                      #11
                      After the malarky we had a couple of weeks ago I would also send in a copy of the deposit being in a TDS!

                      Comment

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