How to evict Tenant not paying rent

jojo5678

I am writing this post on behalf of my dad who is currently out of the country and struggling to return due to coronavirus
His tenant has not paid any rent since 14/12//2019 and is now essentially more than 8 wks in arrears.  A section 21 was served on 26/01/20 giving 2 months notice to leavewhich ended on 22/03/20.  It was always our intention to serve a section 8 once the debt met the threshold however this was delayed due to my dad being out of the country and the restircitons due to coronavirus.  
The tenant has not made any contact with me since 04/02/20 and no money has been paid other than a very small amount (7.50 pw) paid by housing benefit
I have tried to contact the tenant both via text and door knock to no avail.
In the current circumstances surrounding coronavirus I don't think I am able to attend the property.  I could send the section 8 by recorded delivery but I know that the tenant is not staying at the property only her children are.  She stays with her partner at an alternative address.  Do I send the correspondence there or both properties?  Am I stil able to serve a section 8 during coronavirus?
Any advice would be greatly appreciated 

greatcrested

You can serve a S8, but it must have an expirey date 3 months later.

Your S21 is valid (everything else being in order) despite the new rules since it pre-dates their introduction but the courts are not actioning possession claims.

jojo5678

Thank you, I don't think my dad can issue court proceeding on s21 due to not being able to evidence all of the requirements thus a section 8 will need to be issued.  Yeah the tenancy is periodic.  

greatcrested

Oops! Deposit issue? Tenant could claim the penalty....

jojo5678

She didn't pay a deposit! This was waived as part of the original agreement due to her not being able to afford it.  She was supposed to pay extra to accrue a deposit but that has never happened.

Voyager2002

jojo5678 said:

She didn't pay a deposit! This was waived as part of the original agreement due to her not being able to afford it.  She was supposed to pay extra to accrue a deposit but that has never happened.

No good deed goes unpunished!
If young children are being left there unsupervised, somebody ought to notify social services...

greatcrested

Voyager2002 said:

jojo5678 said:

She didn't pay a deposit! This was waived as part of the original agreement due to her not being able to afford it.  She was supposed to pay extra to accrue a deposit but that has never happened.

No good deed goes unpunished!
If young children are being left there unsupervised, somebody ought to notify social services...

Age of children is not mentioned - I assumed (perhaps wrongly) they were adult....

[Deleted User]

You should serve S8 grounds 8,10,11. Post first class from 2 different post offices. Receipt but not recorded. Also, deliver in person to post through door with witness and photo. Consider using RLA advice line, membership required. PCOL. Solicitor to prepare for court and advocate. All your ducks need to be in order. If there was no deposit it doesn't matter but don't do it like that.

[Deleted User]

jojo5678 said:

Thank you, I don't think my dad can issue court proceeding on s21 due to not being able to evidence all of the requirements thus a section 8 will need to be issued.  Yeah the tenancy is periodic.  

What is it your father can't evidence? 

Don't keep turning up to the property unannounced. 1) You're supposed to be self isolating. 2) The landlord or an agent working on his behalf needs to give 24 hours written notice before rocking up to the property. 

jojo5678

Lover_of_Lycra said:

jojo5678 said:

Thank you, I don't think my dad can issue court proceeding on s21 due to not being able to evidence all of the requirements thus a section 8 will need to be issued.  Yeah the tenancy is periodic.  

What is it your father can't evidence? 

Don't keep turning up to the property unannounced. 1) You're supposed to be self isolating. 2) The landlord or an agent working on his behalf needs to give 24 hours written notice before rocking up to the property. 

Thanks
Yeah I haven't been since the self isolation guidance has been in place.  I was worried this would incriminate myself.  I've already given notice but she is not responding.  Court it will be unfortunately but I will have to wait until my father is back in this country as I believe a s8 only gives 2weeks notice?
He can't evidence that a gas safety cert was given to tenant prior to commencement of tenancy.
The children are not too young to be left on their own they are both over 18.

jojo5678

brett19852010 said:

You should serve S8 grounds 8,10,11. Post first class from 2 different post offices. Receipt but not recorded. Also, deliver in person to post through door with witness and photo. Consider using RLA advice line, membership required. PCOL. Solicitor to prepare for court and advocate. All your ducks need to be in order. If there was no deposit it doesn't matter but don't do it like that.

I'd like to think my dad has learned a lesson from this but he is 80 years old and I think he just felt sorry for her.  Doesn't work to have a heart!