Section 8 during periodic?

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    Section 8 during periodic?

    I have a tenant over 2 months in arrears. She has been in the property for 14 months, of an original 6 months AST which then automatically rolled into a periodic tenancy.

    Can I use Section 8 for repossession? If so what is the likelihood of the judge making the tenant pay back the arrears?

    If not will I will have to use the section 21 & wait 2 months to see if she leaves?

    #2
    Originally posted by kenco View Post
    Can I use Section 8 for repossession? If so what is the likelihood of the judge making the tenant pay back the arrears?
    The judge can't "make" the tenant do anything. You will get a judgement if your paperwork is correct, and the judge isn't a plonker, but that's the best that they can do.

    Originally posted by kenco View Post
    If not will I will have to use the section 21 & wait 2 months to see if she leaves?
    You can serve both notices. Then take stock and think of the best one to pursue.

    A Sec 8 is preferable, as you can get possession and an order for arrears in one go. You only have to wait 14 days after serving the notice before applying to court.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

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      #3
      Section 8 is cheaper if you do it online too. However a s21 does not usually require a court hearing for possession.

      If you use a s8 and get an order for the missing rent, it you may have to take enforcement action (presuming T doesn't pay voluntarily) which could include freezing Ts bank account or getting an attachment of earnings.

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        #4
        Thanks.

        I'll serve both the day before rent is due, only trouble is they may not pay the rent the next day! Hey Ho, the wonders of Landlordship!!!

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          #5
          Originally posted by kenco View Post
          Thanks.

          I'll serve both the day before rent is due, only trouble is they may not pay the rent the next day! Hey Ho, the wonders of Landlordship!!!
          It doesn't sound as if she is likely to pay with or without

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