What is the quickest way to evict when a tenant is in arrears? S8 or S21

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

  • What is the quickest way to evict when a tenant is in arrears? S8 or S21

    I'd be grateful for advice on the quickest way to gain possession. We have already issued an S21 and the two months has now expired. Not only is the tenant in considerable arrears (having asked the DSS to pay his housing benefit directly to him he then spent it on a new van) but he is also becoming a social nuisance to our commercial tenants in the same building. The DSS have stopped his housing benefit and he says he has no deposit to be able to find somewhere else to live. He is a bankrupt and knows how to play the system and so we are unlikely to be able to recover any rent arrears.

    Is the quick route to possession a N5B or would we be better off issuing him with a S8? We just want him out and fast! We have pictures of his work van and website details so he is unlikely to be able to claim hardship.

  • #2
    He is extremely likely to claim for hardship: Question is, will Judge believe him...

    In your shoes I'd pursue both S21 & S8 routes, in case either of them were to fail (S21 as invalid due to wrong dates [you know about "after"] or deposit not protected/prescribed-info-not-served/no evidence of S21 service.., S8 as he might bring outstanding rent [not same as arrears] below 2 months by the hearing date..).

    Yup, get him out, then go for the ££££.. good luck!
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


    • #3
      If tenant owes more than 2 months rent yes you can go down the S8 route but you will still need to apply to the courts and that will take time - to get a hearing date and hope that there is no disrepair for tenant to get an adjournment over.

      I myself might make a cash offer to tenant to get him agree to end the tenancy and leave. Payment only on move out and sign document ending agreement for cash.



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

      Comment


      • #4
        Allowing for Christmas, an n5b served now should (if successful) result in a possession date of around 1st week of February.

        As s8 requires a court hearing, it is likely to take a little longer. Depending on how busy your local court is, the hearing may not be until Feb.

        Comment

        Latest Activity

        Collapse

        • Claiming for protected deposit
          mandm
          This is an interesting one, got me into a spin.
          Tenants signed AST but decided to leave after 6 months and 3 days (problem with moving) using the break clause in the AST. I protected the deposit using DPS (Insured) and returned the deposit minus deductions when the moved out.
          I served the...
          21-07-2017, 08:00 AM
        • Reply to Claiming for protected deposit
          mariner
          It was the situation predicted by some Judges et al when it was first proposed that the full Penalty would be awarded to the T and not the Exchequer.
          22-07-2017, 01:16 AM
        • Reply to Claiming for protected deposit
          JK0
          I agree. It's almost at the level of scandal as the people claiming cash by pretending they were ill on holiday. In that case, the Spanish Hotels have told tour operators they won't be doing all inclusive holidays any more.

          Therefore, I suggest landlords take a page out of their book, and...
          21-07-2017, 22:22 PM
        • Reply to Claiming for protected deposit
          mandm
          Letter sent with the evidence attached.
          Slightly off topic, it seems there this deposit protection appears to have gathered conflicting views.
          I would have thought that the purpose of the legislation was the protection of T's money, which most law-abiding landlords do but it seems that its...
          21-07-2017, 21:20 PM
        • Landlord threatening to sue after end of tenancy
          Pickle135
          Our tenancy has just ended. We have cleaned the property from top to bottom using professional cleaners to do this and clean the carpets. He suggested this hadn't been done and wanted the name of our contractor to check which we gave him. The contractor assured him that after eight years the carpets...
          08-03-2017, 00:45 AM
        • Reply to Landlord threatening to sue after end of tenancy
          Pickle135
          Woohoo!

          Our adjudication has just come through and the landlord has been given a token payment with the majority of our large deposit being returned to us. He was told that he had not submitted appropriate evidence for the misuse of the property and that things he was saying were wrong...
          21-07-2017, 20:49 PM
        • Deposit at the end of AST. Also, quiet enjoyment.
          scooter08
          Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?
          England

          Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?
          AST

          Q3 – What date did current TA start dd/mm/yy?
          12/04/2015
          ...
          21-07-2017, 15:06 PM
        • Reply to Deposit at the end of AST. Also, quiet enjoyment.
          scooter08
          Thanks for the reply jp....
          21-07-2017, 18:32 PM
        • Reply to Deposit at the end of AST. Also, quiet enjoyment.
          jpkeates
          Makes sense - if the tenancy agreement doesn't say you have to let him and a surveyor in, his only right of access is with 24 hours written notice for the purpose of viewing the "condition and state of repair" of the property.

          So you can simply decline or make your point.
          ...
          21-07-2017, 18:23 PM
        • Reply to Deposit at the end of AST. Also, quiet enjoyment.
          scooter08
          I'm not trying to claim for breach of quiet enjoyment. He wants to be in again with a surveyor to use his property as security for something. I am going to let him I just want to remind him and have all the facts. Sorry if I didn't explain it right.

          Only claiming for the non protection...
          21-07-2017, 18:08 PM
        Working...
        X