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First time posting, hello everyone.
[Background].I have a tenant who constantly missed payments, did not stick to payment plans and became abusive when payment requests made. The tenant defaulted on first moths rent. and section 21 notice issued.
[Situation] The tenant is soon to be 2 months in arrears so eligible for Section 8 notice. Ground 8, 10 and 11. The tenant has informed me they will not be paying.
[Questions 1] I have never completed or taken someone to court via Section 8. I am aware you need to list the ground in full, this I have done. I am aware that you need to give 2 weeks notice from the date of issue, the day after the rent becomes due. I am unsure of the process of serving this, or if I have missed anything. (I have been advised post with an allowance of 2 days).
[The preferred solution] Due to the history and refusal to pay, I believe the only course of action is an attachment of earnings and ccj.
[Questions 2] Is it better to gain possession by Section 21 then sue for the arrears, or better to proceed with Section 8 and sue for arrears ? Has anyone experienced similar circumstances.
Many thanks in advance.
I am presuming you have provided a 6 month AST and you are in month 2/3? That means you have 3/4 more months to wait until you can even action on Section 21.Section 8 would, therefore, seem quicker. To obtain possession.
Though it is somewhat more complicated. You have to win a hearing (S8) rather than prove you processed the proceedings right (S21).I'd always recommend the first few times to go in with an Eviction Specialist or Solicitor and learn the ropes.
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Hi Adam, thank you for your reply.
I should of mentioned the tenancy is Periodic as I did not renew due to poor payment history. I can evict using either method. Just not sure which is the best method to get back an rent arrears.
If you wish to gain possession using the section 8 route then you need to provide the tenant with a notice in the prescribed form setting out the grounds. For rent arrears and regular late payment of rent you will use grounds 8, 10 and 11.If both s.8 and s.21 notices have been served properly you can then issue the claim using both methods. The benefit of this is that if the tenant pays the rent prior to the hearing you can still proceed under the s.21 method.The benefit of proceeding under s.8 is that you will also obtain a money order for the arrears.There is also an opportunity to try to persuade the judge to transfer the matter to the high court for enforcement purposes and if granted this will enable you to obtain possession much quicker.You will still have to enforce the money order and have the same methods as if you went with a standard money claim.As a landlord you need to make a commercial decision as to whether it is worth perusing the rent arrears. If the tenant does not have the money you could be wasting your time and further costs.We provide information on the Landlord Action website about both options - https://www.landlordaction.co.uk/informa...tion-take/
Founder of Landlord Action and Brand Ambassador for Hamilton Fraser
Thank you for your reply, very helpful. I will check out your website.