lanaby Posted July 29, 2008 Report Share Posted July 29, 2008 Hi Folks, could someone please clarify some points for me as this is the first time I've had to evict? I've served Section 21 notice. (she's on a periodic so have given her 2 months and a bit up to the date before the next rent due date) The tenant is not yet in 8 weeks arrears so haven't served Section 8. Am I correct in that....do there have to be 8 weeks arrears before Section 8 Service? What's the difference between serving a section 8 for arrears and possession, and serving a section 21 and going for a CCJ for the arrears? (Some sites say the Section 21 route is more likely to work in court as it's just for possession, and if you go down the Section 8 route and they offer to pay £5 a month the Judge will let them stay.) Thanks in advance lanaby Link to comment Share on other sites More sharing options...
lauralivesartnouveau Posted July 29, 2008 Report Share Posted July 29, 2008 Hi Lanaby Why not do all three I usually do it sends a good message to tenant your not wanted. You don’t have to be 8 weeks arrears for a section 8 there are 17 grounds the 8 week arrears ground 8 is just one of them. The good thing about S8 is that you can apply to court in just over a couple of weeks and do it online via www.possessionclaim.gov.uk however as you have to attend court without the 8 week arrears its up to the judge to decide on possession if you have over 8 weeks its mandatory in your favor. I S21 if completed quickly is the most effective for possession as if you do it right you will get judgement for possession in a couple of weeks from completing court forms. I do loads of CCJ’s as tenant scarper once court action starts and you can give an LBA giving tenant 7 days and then apply directly via www.moneyclaim.gov.uk and they get documents within 48hrs. Remember if you get it right you will get possession. Oliver Link to comment Share on other sites More sharing options...
GPEL Posted July 29, 2008 Report Share Posted July 29, 2008 S8 doesn't have to be served when there are 2 months in arrears as such but when 2 months in arrears on their rent due date. Therefore if the rent is due on the first of the month and the previous month was 30 days and no rent received on first of next month they are 2 months in arrears after 31 days, when the S8 can be served. Link to comment Share on other sites More sharing options...
lanaby Posted July 29, 2008 Author Report Share Posted July 29, 2008 thanks for both the replies. I'm pretty good with legal stuff but it's a bit of a minefield when you dont know your way through. I'll go for the Section 8 and CCJ as well. I think the tenant wants to get evicted so she can get re housed... I just wish she hand over the HB at the same time! what a pain. thanks for the advice. Elana Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted July 29, 2008 Report Share Posted July 29, 2008 If the tenant is 8 weeks in arrears (which would be the same as 1 month and 1 day) write to council stating you are the L/L and now request all HB payments to be now paid to yourself. They have to do it. Link to comment Share on other sites More sharing options...
lanaby Posted July 30, 2008 Author Report Share Posted July 30, 2008 thanks for the advice, very useful. Link to comment Share on other sites More sharing options...
J4L Posted July 31, 2008 Report Share Posted July 31, 2008 Section 8 can be served regardless of the amount. The problem people get confused with is between section 8 and ground 8. There are 17 'grounds' that can be cited on the section 8 notice. Ground 8 is for non-payment of rent, equally you could cite ground 10 (some unpaid rent) or even Ground 11 (rent persistently late) or you can cite a mixture of the above. Link to comment Share on other sites More sharing options...
GPEL Posted July 31, 2008 Report Share Posted July 31, 2008 Try and site all 3 grounds if possible that way even if they turn up with to court with a cheque for part of the 2 months arrears you still have other grounds to fall back on. Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted July 31, 2008 Report Share Posted July 31, 2008 I dont think you have to acept a chq for payment because it is only a promise for payment. But I suppose it the tenant could prove you normally acept chq's that may be a differant matter. You couldnt refuse to take cash though Link to comment Share on other sites More sharing options...
GPEL Posted July 31, 2008 Report Share Posted July 31, 2008 Don't believe it. Turn up at court and the tenant gives you a cheque, the judge's decision will be influenced and may/probably delay matters. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted July 31, 2008 Report Share Posted July 31, 2008 If T has a history of bouncing cheqs then appeal to bench ...on basis of "uncleared funds" ........ The Rodent Link to comment Share on other sites More sharing options...
lanaby Posted August 2, 2008 Author Report Share Posted August 2, 2008 nice one guys. all advice taken on board. (bizarrely having had no contact from tenant she's now indicating she'll put HB directly in my name... will wait and see if she actually does but if so it could avoid court action altogether.) here's hoping... many thanks Elana Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.