Section 8 & 21

dranzer01

Hi,

Ive been given section 8 & 21. They have given me 2 weeks to remove myself from the premises.

If you have been given a section 21 (as well), isnt that not a minimum notice they have to give you of 2 months to move out and not 2 weeks...?

anselld

dranzer01 wrote: »

Hi,

Ive been given section 8 & 21. They have given me 2 weeks to remove myself from the premises.

If you have been given a section 21 (as well), isnt that not a minimum notice they have to give you of 2 months to move out and not 2 weeks...?

They cannot "give you 2 weeks to remove yourself" full stop. Only a Court can do that.

s21 will fail if the correct amount of notice is not given (amongst other things).

s8 may succeed depending on the grounds but they have to get to Court first.

You might get better advice if you explain the circumstances.

dranzer01

1) rent hasnt been paid

2) theyve decided to cut ties

3) they informed me in the first communication 'i will be receiving a section 21 soon in the post'

4) received another e-mail few days later saying 'section 8 will be in the post soon, so i should start looking for somewhere else to live'

(at this point i did research as to what section 8 and 21 are... i saw section 21 is minimum notice 2 months and section 8 is 2 weeks.)

so i emailed them back saying 'i was informed ill be receiving a section 21 which is 2 months... they said i need to move out by 13th may, which didnt make any sense)

BorisThomson

Has this been going on since your post last July? You have paid rent since then I trust?

Cakeguts

dranzer01 wrote: »

1) rent hasnt been paid

2) theyve decided to cut ties

3) they informed me in the first communication 'i will be receiving a section 21 soon in the post'

4) received another e-mail few days later saying 'section 8 will be in the post soon, so i should start looking for somewhere else to live'

(at this point i did research as to what section 8 and 21 are... i saw section 21 is minimum notice 2 months and section 8 is 2 weeks.)

so i emailed them back saying 'i was informed ill be receiving a section 21 which is 2 months... they said i need to move out by 13th may, which didnt make any sense)

You will be moving. The landlord will get it right eventually and the court will grant possession so how ever long you get to stay there is it going to end eventually.

theartfullodger

What to so?

a) Pay arrears & in future rent in-full on-time: You know, good of British values of decency & fair-play.
b) Start looking for somewhere else: This landlord sounds serious...
c) Hope & pray landlord hasn't informed council of arrears as if they have & you are evicted you will very likely be found "intentionally homeless" as YOU didn't pay the rent then they won't rehouse you: Good job it's usually getting warmer outside this time of year.

HampshireH

Sounds like the s.21 is their back up plan if the s.8 fails in court.

Can't see how if the s.8 was served correctly and is valid how the judge would side with you based on you openly admitting to not having paid the rent.

Have you made any attempt to clear your arrears? What is your defence?

ProDave

dranzer01 wrote: »

1) rent hasnt been paid

2) theyve decided to cut ties

3) they informed me in the first communication 'i will be receiving a section 21 soon in the post'

4) received another e-mail few days later saying 'section 8 will be in the post soon, so i should start looking for somewhere else to live'

(at this point i did research as to what section 8 and 21 are... i saw section 21 is minimum notice 2 months and section 8 is 2 weeks.)

so i emailed them back saying 'i was informed ill be receiving a section 21 which is 2 months... they said i need to move out by 13th may, which didnt make any sense)

Honestly, you fail to pay the rent, then act surprised and think the landlord is in the wrong to want to evict you.

dranzer01

nothing here was disputed about the 'rent not being paid'

all of that right now is irrelevant and you are focusing too hard on that -

right now is the situation of a section 8 and/or 21

is it 14 days to leave or is it 21 days - thats all.

(regarding rent, i have told them of certain situations)

silvercar

Section 21 will be a back up if section 8 fails. So, for example, if you reduce the rent arrears the day before court to just below the level where section 8 fails, then the landlord will be a few weeks in to the section 21 notice. Belt and braces approach.

HampshireH

2 weeks on a s8 if that's what the notice says and a CCJ if the judge awards possession & order

Sounds like your landlord intend to pursue s.8 and if the judge fails to grant possession they will go down the s.21 route. (Expensive way of doing things)

Whether they need to or not will depend on what grounds the section 8 has been served. Whether it has been served citing mandatory grounds or not and is valid.

Ground 8 is mandatory.

I'm hoping all of the above is correct. It's been a few years since I've done the income side of things.