Running S8 and S21 in parallel

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    Running S8 and S21 in parallel

    Has anyone run a s8 and s21 claim in paralllel? I have my s8 delayed by yet another 2 months even after it was delayed previously by 3 months. My impression is that judges are fedup and don't want to work (surprise!) so procrastination is the rule of the game especially with a s8. Since my s21 notice has now expired can I begin proceedings as well and run it in parallel after all it is supposed to require no hearing.

    #2
    you can "run" both
    A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
    W.Churchill

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      #3
      I don't know why anyone one bothers with S8 frankly, we always go the S21 route to get possession first and worry about chasing for money afterwards. Been had too many times by tenants who pay the barest minimum off at the last minute to stave of eviction then we start the proceedings all over again a month later. At least with S21 you can be sure of getting an order.
      My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

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        #4
        I have had several cases where the tenant has paid up at the last moment, one actually whilst in judges chambers to avoid a mandatory possession order. I have usually been able to persuade the judge in those cases to either adjourn with liberty to restore for 12 months (in which case the original case is reactivated if need be) or to make a suspended PO which can only be enforced once unpaid rent goes above 2 months worth again.

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          #5
          But last-minute payment 'cures' only the s.8 procedure; the s.21 procedure remains available.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

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            #6
            So if s21 judge orders T to leave on 8 July then assuming T has left before my s8 hearing of 28 July I can still ask the s8 judge to order T to pay money owing (after T has gone)?

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              #7
              If T goes, whether departure is under Court Order or otherwise, T still owes the debt- so why not?
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

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                #8
                VK - why is your Section 8 being delayed - that is not clear to me?

                I have got a S8 waiting for a court hearing date (told 3-6 weeks) and a S21 expiring 27 May. Of course T still my not go on 21 May but I just want possession.

                S8 did make T buck up and apply for HB though.



                Freedom at the point of zero............

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                  #9
                  Because T filed a defence and court had to adjourn to allow T time to gather more evidence. Nearest date was given by court, they claim David Cameron has cut their budget no staff!

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