After s.21 Notice served, can I also serve s.8 Notice?

  • Filter
  • Time
  • Show
Clear All
new posts

  • After s.21 Notice served, can I also serve s.8 Notice?

    Please can some one help me with a descision ?

    I am in the process of claiming a s21 accelerated Possession order (currently waiting to go to court next Friday 29th).

    Since I have started this process my tenant has been charged with threatening criminal damage and I would like to remove them asap. I understand that I can use the s8 ground 14 route here.

    Questions : Can I run the s8 and the s21 notices in parallel?
    Or can I send a letter into the court stating this recent event?
    (i.e. I would like to gain posession on the court date as opposed to waiting the discretionary 14 days+ after the court date)

    I would really appreciate a steer !

  • #2
    Yes you can run S8 and S21 in parallel, and in this instance a two pronged attack would be a good idea methinks....


    • #3
      Altho if you're in court with the S21 route in 2 weeks anyway, that'll probably evict them before the court even spots the other method in their intray....


      • #4
        Joelp3333: check (and re-check) s.21 Notice, to ensure that it is accurate in every respect.
        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
        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).


        • #5
          Thanks both, I am probably going to wait for the courts to process the s21 (which I have had checked by a solicitor!).

          Just another couple of weeks of waiting for the order then the bailiffs will probably be called in.


          • #6
            P.s. Bailiffs will be called in once the order has expired.


            • #7
              Isnt ground 14 of a section 8 the one that can be acted on straight away with no notice????


              • #8
                I have paid a solicitor to carry the s21 route (accelerated posession). I wanted to serve the attached but have been advised to keep out;

                "With reference to the above claim I wish to inform you of additional evidence that has come to light which I believe may be used in support of any decision.

                The defendant Miss XXXX was arrested and charged with threatening to cause criminal damage on 11th February 2008, crime number is XXXXXXX and the arresting officer is PC XXXX XXXX from XXXXXXXX Police station. Miss XXXXX admitted to threatening to burn down XXXXXXXXXXXXX on 8th February 2008. She is due before the court on 21st February 2008.

                I have also been reliably informed that there was an individual brandishing an air rifle in the garden of XXXXXXXXXXXXXXXX on 10th February 2008, a police officer was called by neighbours to the address who warned the perpetrator.

                In addition to the above I have heard from a source that XXXXXXXXX has threatened to “get him sorted” with reference to myself, a threat that I am not taking lightly given her charge and alleged past criminal history.

                As both a landlord and a law abiding citizen, I am asking you to consider the three points above to expedite the resolution of this difficult situation. I would like to gain a court order today, if at all possible."

                Although this is a s21 notice I do really feel it relevant, but would like an independant opinion, would this affect my claim?I really dont want this person in my house for another minute.


                • #9
                  P.s. this person has today informed me ;

                  Miss XXXXX has today called and stated that some "friends" would like to come and have a "chat" with me.

                  Do you think that this means they want to come and pay some rent or would like some reading lessons?


                  • #10
                    sorry didnt mean "this person" I meant my solicitor.


                    Latest Activity


                    • Tenant's energy debt.
                      I am a landlord of a 2 bed end terrace, the property is owned out right. I am registered Disabled and this was the main reason I decided to rent my property out. As it was not a suitable property for my Disability. I would have to make some major changes that would devalue my property like installing...
                      20-07-2017, 22:08 PM
                    • Reply to Tenant's energy debt.
                      AFAIK LCS are just collection Agents for B Gas, not Bailiffs. They have to get B Gas approval for further action.
                      Did you/wife receive/request actual B Gas itemised Bill for disputed period?
                      Talk to B Gas Debt team.
                      You may have to provide evidence of identifiable start/end meter readings
                      27-07-2017, 03:48 AM
                    • One tenant moving out and two remaining - who pays for the checkout/inventory?
                      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? Three people all listed as the Tenant under the agreement

                      Q3 – What date did current...
                      26-07-2017, 16:38 PM
                    • Reply to One tenant moving out and two remaining - who pays for the checkout/inventory?
                      IOLO brownie points for providing required info upfront.
                      As LL, I normally pay for move in report and T for move out report.
                      Joint Ts are equally liable for 1 report.
                      2 ways seem avail to you-
                      1. Complete a move out condition report in first week of Aug and claim for any T damage...
                      26-07-2017, 23:23 PM
                    • Reply to Tenant's energy debt.
                      Dear wright76, I don't have a mental condition, but a learning disability I suffer with Dyslexia and have been psychologically tested and diagnosed with the Dyslexia condition. It seems that everything I've said or tried to do so far here is all negative and I'm doing everything wrong apart from sending...
                      26-07-2017, 23:01 PM
                    • Extremely anti-social and criminal tenant -Section 8
                      I have an extremely anti-social and criminal tenant. My neighbours think she is possibly a sex worker and drugs abusing and dealing. She has made a witnessed and CCTV sited assault on one neighbour and has verbally abused others. 3 crimes have been reported and the local authority talk about making...
                      26-07-2017, 16:09 PM
                    • Reply to Extremely anti-social and criminal tenant -Section 8
                      Quite. Explain how you managed to get this tenant in the first place - and via some shady outfit as well. Seems as if all eyes were off all balls....
                      26-07-2017, 22:56 PM
                    • S21 or S8 to evict a tenant
                      I have a tenant who the local council have provided the deposit bond for. He has been nothing but a pain paying his rent and has always been 1 month late or 6 weeks maximum, paying at the end rather than the beginning. He was initially on a 6 months AST, which reverted to one month rollover in the absence...
                      26-07-2017, 19:21 PM
                    • Reply to S21 or S8 to evict a tenant
                      That ....
                      26-07-2017, 21:41 PM
                    • Long Term Tenant - how to protect both LL and Tenant
                      Hi All,

                      I'm hoping for a little guidance. I'll almost certainly be following up with some professional advice but hopefully some folks here will have been in a similar situation and can offer some advice. I have done a quick search but not found anything obvious.

                      I already...
                      20-07-2017, 10:07 AM