After serving Sec 8, what NEXT?

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    After serving Sec 8, what NEXT?

    Hi. This has probablyt been answered here previously somewhere but I cant find the simple steps.
    I served Sec 8 10 &11 back in Early Oct 09. Tenancy started in End JUly 09 for 6 months AST. Tenant is around 3 months in arrears by now. What do I do now?
    PCOL now?
    Or do I HAVE to serve Sec 21 now?
    Please advise.
    My T is now being watched by police on suspition of dealing in drugs from my flat!!
    Another question, even after getting possession, I KNOW he will just leave, but how do I chase him for the funds? His job details that he gave me earlier do not exist anymore. I do not have copies of his NI number, nor his passport copies, nor his driving licence. He will probably just laugh and disappear. Is there anything the courts can do to make some sort of attatchment to him?
    You will be shocked to learn that I have been a Landlord for over 9 years with many properties.... I just NEVER had to evict anyone before. Guess I have been blessed up to now.
    Many many thnaks for any replies.

    #2
    Originally posted by LondonLad 30 View Post
    I served Sec 8 10 &11 back in Early Oct 09. Tenancy started in End JUly 09 for 6 months AST. Tenant is around 3 months in arrears by now. What do I do now?
    PCOL now?
    Or do I HAVE to serve Sec 21 now?
    Yes, go to PCOL now.

    S21 is an entirely separate process, but it's always best to serve it anyway as repossession is mandatory, so if your S8 fails in court, you can fall back on S21 without having to wait at least 2 months more. (That said, in your case you wouldn't be able to use it until 6 months is up, ie the end of January)

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      #3
      Originally posted by LondonLad 30 View Post
      I served Sec 8 10 &11 back in Early Oct 09.
      Do you mean: Section 8, Grounds 8, 10, 11?
      Originally posted by LondonLad 30 View Post
      Tenancy started in End JUly 09 for 6 months AST. Tenant is around 3 months in arrears by now. What do I do now?
      If Section 8, Ground 8 has been served and more than 2 months rent owed (if rent paid monthly), then apply via PCOL.
      Originally posted by LondonLad 30 View Post
      Or do I HAVE to serve Sec 21 now?
      Serve s.21* as a backup, in case s.8 fails.
      Note: If T is aware of pending eviction, T may abscond, or move out voluntarily, before LL gains a possession order.


      Originally posted by LondonLad 30 View Post
      Another question, even after getting possession, I KNOW he will just leave, but how do I chase him for the funds?
      s.8 route will have a money order as well as a possession order. If T is working, and T get's a judgement (CCJ) against him, then you can enforce the judgement. One method is to apply for an order to obtain information; T must attend court to provide information on his finances, e.g. employment, income, etc.; then obtain an attachment of earnings order, which is aimed at a T's earnings, direct from employer (not appropriate for self-employed T's).

      Originally posted by LondonLad 30 View Post
      You will be shocked to learn that I have been a Landlord for over 9 years with many properties.... I just NEVER had to evict anyone before.
      Hopefully, this will be the first and last time.

      Above assumes AST in E&W.

      * if any protectable deposit is protected.
      The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

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