S8 and S21 - act on both ?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    S8 and S21 - act on both ?

    Have a tenant who appears to have done a runner - all his possessions are in his room but no-one has seen him for ages (shared house). He owes 2 months+ rent and is completely contactable.
    I have served S8 and S21 notices on him. The S8 expired yesterday and S21 expires on 20th August.
    So now is time for further action - oh joy.
    I am more than happy to commence court proceedings but at the end of the day want the room back asap and in the cheapest way possible(don't we all).I have never had it happen this way where the tenant seems to have disappeared.
    Has anyone had experience of this?
    If I just wait for S21 to expire what are the chances of making a claim for rent arrears and costs afterwards? As far as I know he is still employed but that may well have changed.
    Thanks yet again for any comments
    Alidee

    #2
    Now your S8 notice has expired, you can commence action under section 8 (presumably grounds 8, 10 and 11). Provided your absent tenant does not appear on or before the court hearing and insist he pays sufficient rental arrears to bring this to below 2 months, the grant of your possession order is mandatory. You also have an opportunity to obtain a CCJ with regard to the rent owing.
    Only use the section 21 order if the section 8 action is frustrated in some way. You have protected the deposit haven't you?

    P.P
    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.

    Comment


      #3
      Thanks for your reply - yes I used those grounds and his deposit is protected.
      As regards to obtaining a CCJ do you have any idea of the costs involved?
      Many thanks

      Comment


        #4
        Also if I decide to just wait for S21 to expire can I still chase for arrears ? Or is there likely to be a longer wait for this to come to court than a S8?
        Thanks
        Alidee

        Comment

        Latest Activity

        Collapse

        • Reply to Letting Agent Withholding Key (Lease signed + rent paid)
          by HobbitShire
          Sorry but I must reitterate that she DID provide all documents which were initially requested before both parties signed the lease. This new, rigid requirement for a utility bill only came a day before the agreed move-in date.

          This is not a case of a prospective tenant having no paper trail....
          20-01-2022, 01:28 AM
        • Letting Agent Withholding Key (Lease signed + rent paid)
          by HobbitShire
          My partner has recently signed a lease through a well known property agent in London.

          The lease was also signed by the landlord. References from current + previous employer, landlord, etc, and proof of address were requested before signing, and provided.

          Upon signing the lease...
          20-01-2022, 00:57 AM
        • Reply to Letting Agent Withholding Key (Lease signed + rent paid)
          by HobbitShire
          Firstly, she already provided the previous lease, along with a document from the municipality of Amsterdam stating that she was registered as living there. I paid the bills as we were living together, and she has closed her Dutch bank account (as is required when you are no longer a resident). I'm sure...
          20-01-2022, 01:11 AM
        • Reply to Letting Agent Withholding Key (Lease signed + rent paid)
          by Jon66
          No bank statements with the old address on? These are available freely from your online account, or previous utility bills, council tax bills etc. I find it difficult to accept that they are unable to provide something. I would have concerns if you were my prospective tenant. You need to provide the...
          20-01-2022, 01:02 AM
        • Reply to Property damaged. Advice please
          by minorbark
          When you put it like that I'm more inclined to edge towards the S21 route regardless. As much as part of me feels some compassion for the guy and doesn't want to lump more stress on top of someone who appears to be struggling already, as has been said before, none of us are acting as a charity.
          ...
          19-01-2022, 22:51 PM
        • Property damaged. Advice please
          by minorbark
          Apologies if something similar has already been covered elsewhere. I did try to search but couldn't find anything that matched my situation particularly closely. A huge thanks in advance to any of you who do take the time to read and advise.

          TLDR version: Police have forced entry into my...
          18-01-2022, 21:55 PM
        • Reply to Property damaged. Advice please
          by minorbark
          Thank you.

          My initial contact with the police was just a phone call to the local station. As I almost half expected they wouldn't give up much info, I didn't particularly push back when they said as much and I left it at that. A formal complaint might fill in a few blanks in the story but...
          19-01-2022, 22:37 PM
        • Reply to Property damaged. Advice please
          by Hudson01
          A back door way into finding out what did happen (or more info than you have now), is to ask for a callback from the local PCSO who covers the beat area where the tenant lives (go online and start a live chat), he or she will know far more about your tenant that a faceless comms operator at HQ or anyone...
          19-01-2022, 22:17 PM
        • Reply to Property damaged. Advice please
          by DoricPixie
          Just because someone knocks on your door, even if it crescendos to them banging loudly on your door, it doesn’t mean you have to answer it or have to go and investigate.

          If the tenant suffers from mental health issues and the police were sent round because someone thought the tenant’s...
          19-01-2022, 21:47 PM
        • Reply to Property damaged. Advice please
          by WebLand
          From painful personal experience of this issue... You should formally contact the police, ask them why they broke the door down and ask for compensation. Their lawyer will then write to you with some information which may be useful for you to know (but not giving very much detail). I expect they'll...
          19-01-2022, 21:31 PM
        Working...
        X