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Eviction Procedure


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This may seem like a dumb question, but in the ten years or so since I started renting out property, I have never needed to know the answer...

I have a tenant in one of my properties who fell into arrears in April, and currently owes around £900.00 she has promised and promised to pay the arrears, and after what seemed like a good start has not made any effort for some time. She is now paying the rent as it becomes due but none off the arrears.

After advice from this site I issued a section 21A notice which expired on the 23rd August.

My questions are:

How do I follow through on the section 21A EG: contact the court direct? would I have to appear in court, if so what should I expect to happen?

Also, is it worth writing to her again with a final chance to pay off the arrears? Does the section 21A notice last for a limited period of time before I have to follow it through, or is it flexible (could I put it into effect in a months time)?

Any help / advice gratefully accepted.

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I beleive a section 21 is valid up to a year but I understand some courts take a dim view of them being inforced a long time after being issued.

I know it should`nt the law should be the law.

I would have another chat with her. When I`ve had this problem I have taken as little as £10 a month extra to claw back arrears at least they are not going backwards any more and you MIGHT get all the arrears.

It could be more cost afective than going thro the courts and then having the property empty for a month or 2.

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If you don't get anywhere negotiating, You need to ask the court for a claim form for possession of property (accelerated procedure) form N5B (assuming you have a copy of the tenancy agreement). Or you can fill one in here http://www.hmcourts-service.gov.uk/courtfi...ms/n5b_0406.pdf

You should not need to attend court unless the tenant tries defending the case for example invalid notice, in which case a hearing will be called.

Your notice has no time limit before it can be enforced [s21 HA 1988]. A section 8 notice lasts one year.

All the best


Guild of Residential Landlords

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