Section 21 ??

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  • Section 21 ??

    I need to start to ball rolling to evict my tenant.

    She gets Housing Benefit which has now been stopped leaving her in 3 months arrears. Her Shorthold Tenancy Agreement expired about 6 months ago but another one was never signed.

    Do i go with a Section 21?? IF so which one, Fixed or Periodic??

    Not too sure as her contract expired so long ago. Does that even matter?!?

    Thank you

  • #2
    Section 8 will give you quicker possession, grant you an order for the missing rent and costs less if you do it online (google pcol).

    It's only disadvantage for you is that there will be a court hearing, whereas s21 doesn't always need one.

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    • #3
      Originally posted by gerrard8 View Post
      I need to start to ball rolling to evict my tenant.

      She gets Housing Benefit which has now been stopped leaving her in 3 months arrears. Her Shorthold Tenancy Agreement expired about 6 months ago but another one was never signed.
      Have you tried to find out why HB was stopped? Are you sure it has stopped, and its not just the T not paying it to you. You should write immediately to the Council requesting direct payment, and you'll get a reply that will indicate if the if the claim is still active.

      The fact that another contract was not signed does not negate the tenancy. Its just gone from a Fixed term into a Statutory Periodic Tenancy, with the same terms/conditions as the fixed term.

      Originally posted by gerrard8 View Post
      Do i go with a Section 21?? IF so which one, Fixed or Periodic??

      Not too sure as her contract expired so long ago. Does that even matter?!?
      Yes, it matters. The right S21 must be issued.
      If in fixed term, its a S21(1)(b). For a periodic tenancy its a S21(4)(a). See the Serving S21 guidance notes.

      If you haven't served one already, then you'd be better off going down the S8 route, which is a fault based possession process. In this case, you would be issuing one on grounds 8,10,11, as T has more than 2 months of unpaid rent. If at time of hearing, the rent unpaid is still more than 2 months, you will get possession. But if paid up or less than 2 months on date of hearing, you may not get possession. Again see Serving S8 guidance notes.

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      • #4
        Originally posted by Snorkerz View Post
        It's only disadvantage for you is that there will be a court hearing, whereas s21 doesn't always need one.
        What you mean is that there will be a court hearing at which you must attend. There is still a court hearing for S.21 but is rarely attended by either party.
        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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        • #5
          Originally posted by Paul_f View Post
          What you mean is that there will be a court hearing at which you must attend. There is still a court hearing for S.21 but is rarely attended by either party.
          Thankyou Paul_f, I always thought un-contested s21's were decided in chambers.
          I consider myself duly-educated!

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          • #6
            Section 21 Issued, what now?

            I issued Section 21 today in person with a witness (my mum) i take it that is all fine?!

            What do i do now, just hold tight for 2 months?? Or do a Section 8 too?

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            • #7
              Originally posted by Paul_f View Post
              What you mean is that there will be a court hearing at which you must attend. There is still a court hearing for S.21 but is rarely attended by either party.
              There is no court hearing under the accelerated procedure; the District Judge (DJ) will typically handle the case in private chambers. Only if the tenant defends, the DJ may hold a court hearing.

              Originally posted by gerrard8 View Post
              I issued Section 21 today in person with a witness (my mum) i take it that is all fine?!
              No. You will need an independent (non-family related) witness.

              Originally posted by gerrard8 View Post
              What do i do now, just hold tight for 2 months?? Or do a Section 8 too?
              Serve a valid s.21. Also serve a valid s.8 under grounds 8, 10, 11.
              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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