Evicting a tenant

vermas

I need to evict a tenant who has not paid for 3 months

we served section 21 at the end of nov and gave two months notice that we wanted to break the AST 12 month contract using the 4 month break clause with two months notice

do i need to serve section 8 to get the arrears paid and then if that is not productive can i just escalate to the courts to seek a reposession

anyone know where I can get the section 8 from and if i need a solictor to do this or can i do it myself?

PasturesNew

http://www.landlordzone.co.uk

anniecave

http://www.landlordzone.co.uk/articles.htm

http://www.landlordzone.co.uk/pdf/servingS8.pdf

Premier_2

You don't need a solicitor.

A section 8 notice will not get you your money back; it just gives an alternative ground for possession.

Since you issued a s.21 2 months ago, when does this notice expire? This may give you the quickest route to possession.

If you want your money for rent unpaid, and the tenant is not forthcoming with it, you'll have to sue for it. You did fully reference the tenant before handing over your keys didn't to ensure as far as possible that you have a chance of getting your money even if you get a judgement?

tbs624

Although you're invoking your break clause, be aware that the T may decide to stay put and still not pay. Have you discussed with them why they are in arrears?

If you haven't already done so, write formally giving a Rent Statement, giving them 7 days to bring their payments up to date and/or discuss how they intend to do so. Then if no response on repayment plan serve a S8, citing Grounds 8, 10 and 11. This is because using G8 on its own can be defeated by the T paying off some of the arrears prior to the hearing. You may have to pursue them separately for the rent.

You may want to read what Shelter say on their website as well as looking at LLzone as suggested above.

Planner

I am little confused, have you issued a s.21 notice in order to impliment the breakclause? - If thats the case then you have made a mistake. A s.21 notice cannot be used to impliment a breakclause. A s.21 notice can only be used to bring the tenancy to an end after the full fixed term has expired, in your case 12 months.

clutton_2

join national landlords association and learn from the experts what a legal pickle you are in

someone who knows what they are doing can issue Sections - i doubt you have the knowledge

whathavewedone

As you've already served a Section 21 there's not much point in serving a Section 8 notice as well. It might be worth getting your Section 21 notice checked over though, the dates do need to be spot on otherwise you might not get your possession order.

You need to start a money claim, N5 form and then proceed to a judgment if the claim is undefended.

You don't NEED to go to a solicitor but it might save you money in the long run if you do.

Sometimes a solicitor's letter is sufficiently scary to get people to cough up, in which case it's well worth the money.

There are also companies that can pursue tenants for you for fixed fees and it might be worth looking into that first. Landlord Action rings a bell.

vermas

thanks for the advice where can i get the section 8 form from?

clutton_2

join national landlords association all the docs you will need, plus an excellent legal helpline are available to you as a member

vermas

is there any other means of getting the section 8 form without joining the NLA