Use section 8 or 21?

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    Use section 8 or 21?

    Hi
    I would really appreciate some advice.
    Tenant is in the 5th month of 6 month AST and has only ever made 2 payments: the first month in full and the second month in part.
    Issued a section 8 notice on grounds of more than 2 months of arrears and also issued section 21 in case.
    Tenant went to the council and the council started paying around half the rent. This hasn't brought the arrears below 2 months though.

    The tenant has told us that they are going to stay right up until bailiffs force them out, and said that "it will cost a lot of money to go that route."

    We want them out as soon as possible, so my question is which will get a quicker eviction, section 8 or section 21? The notice period on section 8 is up and there is six weeks notice left on section 21.

    #2
    Both, in case paperwork has errors
    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
      Originally posted by trumpet View Post
      The tenant has told us that they are going to stay right up until bailiffs force them out, and said that "it will cost a lot of money to go that route."
      trumpet - are they sugesting there is another way?

      If all goes well section 8 should be quicker for you and you can get an order for the unpaid rent and other costs as well. The actual time it will take will depend on the court and bailiff waiting times in your area. You can apply for a court hearing tonight using PCOL, cost is £100.

      In my recent case I was given a court date just over 1 month later. If judge agrees section 8 is in order you will probably get a PO for 14 days later. When this expires you can apply for the bailiff to enforce the PO. I was quoted over 6 weeks waiting time for the court bailiffs.

      Dave

      Comment


        #4
        I think they are hoping that I will see letting them stay without topping up the housing benefit as a better alternative to paying to evict them.

        I thought section 8 would take much longer than that. My biggest worry is that they will concoct a load of lies in court.

        Comment


          #5
          trumpet,

          If there are still 2 months rent owing at the time of the court hearing a PO is automatic, the only thing the judge can vary is the notice period if they claim hardship or some such. They make bring the rent owing down to just below 2 months before the hearing. Did you put any other grounds on the section 8 such as persistant late payment of rent?

          If all fails you have the S21 to fall back on. It might be worth checking with the experts on here that the dates on your S21 (and S8) are correct.

          Dave

          Comment


            #6
            Daveg is technically right - if 2 months are owing at the time of the hearing then it is mandatory eviction. Sadly, it is a common ploy to claim disrepair. Such a claim can easily result in an adjournment of the hearing and considerable delay - together with the hassle of 'expert reports' etc. Chances are, if the tenant pulls that one, you'd be better off going down the s21 route, especially if you don't expect to be able to enforce any court order for rent debt.

            Comment


              #7
              This thread gives you an example of the S21 route:-

              http://www.landlordzone.co.uk/forums...dure-Timescale

              Snorkerz - thanks for adding the warning about disrepair.

              Dave

              Comment


                #8
                What horrible people! I would go down the S8 route and have the S21 for back up just in case they go down the 'disrepair' route which drags things on and on. Make sure your S21 is valid though. If you post all your dates on here, one of the guys with proper legal experience will check for you.

                Comment


                  #9
                  PS, I just had an eviction and when I contacted the bailiffs - they set a date for 14 days later so it was quite quick.

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