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Section 8 or Section 21


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Hi Everybody,

I am a first time buyer and bought a property on 13th of Oct 2006. To my surprise the seller did not evict the tenants and sold the property to me even though the tenant is an AST, entered the property and had tenants in it. I disputed with the seller but vain, the seller solicitor insisted on selling an empty property. I could not evict the tenant as by law we could not evict a person by force. As I had the copies of tenancy Agreement in place with the previous landlord was advised to issue a section 21 and advised by my solicitor not to collect any rent. But it getting unmanageable for months to come across and collected rent from him, but he paid me rent for only 3 months, OCT, NOV & DEC. I issued him a section 21& section 48 and ends on the 3rd of March. I was then advised by others to issue him a section 8, which end on the 3rd of March. He defaults by more than 3 months in arrears now.

:o He gets housing benefits(£950) and the housing benefits have stopped his claim for the reason that he doesn't have a tenancy agreement in place with the reason and that is me he can’t pay. God if the mortgage people can give me the same amount of mercy. The tenant needs a court notice to declare him homeless so that he can get a council house. Please advice me on which method should I follow to regain my house back at the earliest without having pains and hassle.

"Tenants with intension of wanting Council House should never be let on rent"

:unsure: Please advice me should I take section 8 to get him out or section 21 or could I represent to the court with both section 8 and section 21 to get possession.

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