Section 8 Proceedings - Help!

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    Section 8 Proceedings - Help!

    I have a tenant over 8 weeks in arrears who is showing no signs of an intention to pay up. I want him out primarily but would also like some of the the arrears money which I understand cannot be claimed if you use the accelerated possession procedure? I have used the S21 accelerated route many times with success, and generally written off debt in exchange for an almost guaranteed possession order.

    My concern with the S8 route is I have heard horror stories about the tenant going to court and making a payment towards the arrears so he is less than 8 weeks behind, and the judge letting the tenant stay. By which time legal costs have been incurred, and in fairness the problem will probably re-occur in a few weeks anyway!

    My further concern is that the tenant probably won't have any money anyway, and the best court in the world can't get blood from a stone.

    So my question is this....Is the Section 8 route worth it? Do us landlords ever come out of it positively?

    Any comments greatly appreciated. You've all been a great help in the past :-)

    #2
    JG - are you using s8 because tenant is still within fixed term of tenancy? Providing more info re tenancy would allow members to advise you better.

    Kind Regards

    J

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      #3
      Good point. Its a monthly periodic - initial 6 month term has ended.

      Comment


        #4
        The down side of using s8 (as you say) is that if tenant brings arrears down to below 2mths the judge is unlikely to grant your possession order.

        In your situation I would use the section 21 accelerated route and chase for the arrears through the small claims route. I am sure you could start the small claim now so that papers could be served whilst tenant still in residence at your property. The danger of leaving the claim until later is that you don't get a forwarding address for the tenant and thus have difficulty persuing a claim!

        The other option is to continue with the s8 route but also issue the s21 so that in the event your s8 fails you still have the s21 to fall back on. Chances are that by the time s8 reaches court the s21 will also have expired! So even if the tenant reduces his arrears to below 2mths you could also wave the expired s21 under the judges nose (not literally of course!)

        I am sure more senior/wiser members will be able to confirm or dispute this bit of advice.

        Hope my contribution helps but it obviously should not be used in place of professional legal advice.

        Good luck with it all.

        Kind Regards

        J

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          #5
          Thanks for that - very helpful :-)

          Comment


            #6
            You also put in Grounds 10 and 111 , so that if the tenant does the small payment trick, you ask for suspended possession on terms. This means the tenant must continue to pay rent plus an amount to reduce the arrears. He misses one payment and it's back to court to ask for possession.

            In the meantime you can be waiting for your Section 21 to expire or you might get lucky and the tenant sticks to the order.

            Comment


              #7
              If I was being obliged to use the section 8 process (and 10 and 11) I would automatically serve a section 21 notice as well as it is the only CERTAIN way of getting a tenant out.

              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.

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