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Help. Any Possession order experts here?

4 replies

1frenchfoodie · 23/06/2021 20:56

I’m going in circles trying to understand the swiftest routes for repossession of our family home. I served a section 21 notice on my tenant with 7.5 months notice to mid July as we are moving back from overseas. The tenant (who was already in arrears) is over 8 months in arrears now. She has told the letting agent moving in with family/friends is not an option and that she has not viewed any properties but has some lined up this weekend (she had previously said viewings were booked for 11 and 13 june).

The letting agent has now suggested I serve a section 8 ‘to accelerate things’. But with the required 4 weeks notice for a S8 request (significant arrears) that would give a departure date that was later than the current S21. I was under the impression going to court for posession on the basis of the S21 not being complied with would be quicker route. Am I wrong?

OP posts:
1frenchfoodie · 24/06/2021 22:39

Have got legal advice and section 8 no faster, just allows arrears to be pursued as well as posession. I do wonder whether the idea of being pursued under a section 8 might encourage compliance with the section 21. But this level of analysis depends on understanding whether my tenant (in full time employment, rent under £550 a month) is doing anything other than just keeping her head in the sand. I just want my home back.

OP posts:
summerfun12 · 25/06/2021 05:38

Have a look on the forum of Landlord Zone
You'll get really useful advise

IsItAllOverYetPlease · 25/06/2021 09:30

Have you obtained a ccj (county court judgement) against her for rent arrears? You may need to do that to get a possession order granted which can be enforced by bailiffs.

1frenchfoodie · 25/06/2021 10:47

Hi @IsItAllOverYetPlease a section 21 doesnt pursue arrears (they can be pursued separately) so there would be no CCJ link.

And yes thanks @summerfun12 Landlord Zone and Landlord Action and myriad other sites are helpful too.

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