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Section 21 Claim form for possession.

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Comments

  • [Deleted User]
    [Deleted User] Posts: 0 Forumite
    500 Posts Third Anniversary Name Dropper
    edited 1 March 2022 at 11:08PM
    So how many s8,s have you served for arrears and what grounds? Why not proceeded to court with these please?

    Can we be confident you'll either provide no reference or only a full, honest one?

    Why 12 months rather than more flexible 6 please?

    I was advised to wait to have equivalent of 2 months rent arrears before s8 is filed. 
    The tenancy started November 2021. 

    "Can we be confident you'll either provide no reference or only a full, honest one? " sorry don't understand.

    Why 12 months rather than more flexible 6 please?
    they wanted to sign 2 years, stated 1 year to begin with. Now regretting selecting this tenant. 

    Arrears with tenant, she is earning enough. Hence, UC only pay £500

    Though only would only be affected in February and a normal honest tenant would pay on the 1st of March.

    Other months such as December and January had 30t+ days and tenant still paid rent late.
  • The tenant is liable for the full rent - where they obtain it is their business eg employment, UC, partner...
    If rent is consistantly late you could consider serving a S8 (10) or (11).
    Schedule 2 (17 S8 Grounds a LL can use)

    How long will it take to successfully evict on average using S8 (10) or (11).

    Yes full rent, but UC portion comes directly to me the landlord.

    1st month had 1100 from UC and subsequently now 500.


  • theartfullodger
    theartfullodger Posts: 15,713 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    I was advised to wait to have equivalent of 3 months rent arrears before s8 is filed. 
    An s8g10 may be validly served if only 1p is underpaid for only one day.  But only a discretionary ground, but v cheap to serve for only the cost of a stamp.

    "Can we be confident you'll either provide no reference or only a full, honest one? " sorry don't understand.
    - will you be providing any sort of reference for your esteemed tenant, please?? 

    Why 12 months rather than more flexible 6 please?
    they wanted to sign 2 years, stated 1 year to begin with. Now regretting selecting this tenant. 

    ...
    Done any training in how to be a landlord or specifically in landlord/tenant law, please?
  • [Deleted User]
    [Deleted User] Posts: 0 Forumite
    500 Posts Third Anniversary Name Dropper
    edited 1 March 2022 at 10:38PM

    I was advised to wait to have equivalent of 3 months rent arrears before s8 is filed. 
    An s8g10 may be validly served if only 1p is underpaid for only one day.  But only a discretionary ground, but v cheap to serve for only the cost of a stamp.

    "Can we be confident you'll either provide no reference or only a full, honest one? " sorry don't understand.
    - will you be providing any sort of reference for your esteemed tenant, please?? 

    Why 12 months rather than more flexible 6 please?
    they wanted to sign 2 years, stated 1 year to begin with. Now regretting selecting this tenant. 

    ...
    Done any training in how to be a landlord or specifically in landlord/tenant law, please?
    Self taught, been researching online. 

    Also because the tenancy is relatively new I was hoping things can be sorted without involving court just yet.

    Rent was been paid although late, If exiction process starts what if tenant stops  paying rent altogether.

    Also Courts and bailiffs have a backlog, not a steaihjtfoward process.

    Will give it another 5 days before issuing a later and if by 14 days no payments then will have to start eviction process (section 8). 
  • The tenant is liable for the full rent - where they obtain it is their business eg employment, UC, partner...
    If rent is consistantly late you could consider serving a S8 (10) or (11).
    Schedule 2 (17 S8 Grounds a LL can use)

    Thanks for the response. I will be doing this.

    Section Ground 8, 10, and 11

    But because 10 and 11 are discretionary, it will be better to wait for 2 months'rent arrears, which is mandatory, to increase the chance of success of gaining possession.


  • theartfullodger
    theartfullodger Posts: 15,713 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Serving s8g10g11 sends a message : very cheaply.  Presumably at the moment they assume their payment patterns are fine with you.
  • Serving s8g10g11 sends a message : very cheaply.  Presumably at the moment they assume their payment patterns are fine with you.
    I started filling the FORM NO. 3.

    But just got an alert from my bank tenant has made payment. At present I have 90% of the rent due.

    The tenant knows the system and she is playing games.

    Every month constantly unsure if she will make payment and when. 



  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    But you then finished filling in the forms and sent them to your tenant, yes?
  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    Zoe02 said:
    Serving s8g10g11 sends a message : very cheaply.  Presumably at the moment they assume their payment patterns are fine with you.
    I started filling the FORM NO. 3.

    But just got an alert from my bank tenant has made payment. At present I have 90% of the rent due.

    The tenant knows the system and she is playing games.

    Every month constantly unsure if she will make payment and when.
    Slithery said:
    But you then finished filling in the forms and sent them to your tenant, yes?
    Serving s8g10g11 sends a message : very cheaply.  Presumably at the moment they assume their payment patterns are fine with you.
    .........................................................

  • Zoe02 said:
    Serving s8g10g11 sends a message : very cheaply.  Presumably at the moment they assume their payment patterns are fine with you.
    I started filling the FORM NO. 3.

    But just got an alert from my bank tenant has made payment. At present I have 90% of the rent due.

    The tenant knows the system and she is playing games.

    Every month constantly unsure if she will make payment and when.
    Slithery said:
    But you then finished filling in the forms and sent them to your tenant, yes?
    Serving s8g10g11 sends a message : very cheaply.  Presumably at the moment they assume their payment patterns are fine with you.
    .........................................................

    Thanks @canaldumidi and @Slithery, I will just have to start the section 8 process. I was previously advised by a friend  who is a  more experienced landlord with several BTL properties that I should hold on serving the notice until later.

    but you are right need to send the messge early on. I am only 3 months into tenancy and already getting fed up with my tenant.
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