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Section 8 and 21 notices served, what next?

4 replies

akdmummy · 30/12/2017 19:10

My tenants haven't paid their rent for 3 months so about 3 weeks ago I served section 8 and 21 notices concurrently. After 2.5 weeks passed I have started the court proceedings to gain possession under the section 8 notice as they haven't left or paid up but now not sure what happens. I imagine the court process will take a while and I have a feeling that the tenants are angling to be made homeless to bump themselves up the council list so we will be in this for the long haul.

My question is really now we have started the court process under section 8 what happens with the section 21 notice? This runs out at the beginning on February.

Can anyone who has done this before help out on what we are likely to face over the next couple of months? Thanks

OP posts:
Note3 · 30/12/2017 19:12

Hi I recommend you post this on Martin's money saving website, go to house buying and renting section in forum. They're very experienced and will talk you through it all

akdmummy · 30/12/2017 19:14

Thanks note. I will do.

OP posts:
specialsubject · 30/12/2017 19:21

Make sure the council know about the lack of rent. Unless they are classed as vulnerable, that means they are making themselves intentionally homeless and the council will tell them to whistle.

Keep the section 21 valid as there's no arguing with that. And £600 on one of the three firms that actually know their eviction law is worthwhile. Do you have legal expenses cover?

EveryoneTalkAboutPopMusic · 30/12/2017 19:25

First decide if you are going to chase them for the rent due. You can then either apply for a Possession Order or an Accelerated Possession Order. The first gives you the option to chase unpaid rent and the second doesn’t.

However, from a Landlord’s point of view, the accelerated Possession Order may be better as it can be quicker and they have less opportunity to postpone the eviction. They can only apply to alter the accelerated possion order and can only do this within a set number of days and it’s unlikely that they will be successful in any event.

If you are thinking of chasing them for arrears, read Court leaflet EX321 which outlines ways to enforce the outstanding amount. Remember though that if you are evicting them, unless you know where they work, it’s going to be difficult to find them and get your money.

Sorry, just realised that you have already gone for the Possession Order. Hacve you been given a Court date yet?

Have you read this on gov.uk?

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