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Section 21 Claim form for possession.

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Comments

  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    Zoe02 said:
    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.
    Whether you take the next step, applying to court, is a separate decision. Serving the S8 is quick easy and cheap, and does not commit you to court follow-up.
  • theartfullodger
    theartfullodger Posts: 15,713 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Serving s8 is quick, easy, sends message (apart from anything else that you understand more about the law than he thought).

    The s8 process is an awful lot more...  Only to be gone into after a lot more thought.
  • Update

    Since April to date tenant has been making payment in full and on time.

    1 year AST Tenancy ends November 2022.

    The Elizabeth line is now running in the area and increased interest rate costs this has likely impacted tenant's behaviour. 
  • Update: The tenancy has ended and the tenant has stated she does not want to include her adult son's name in tenancy and tbh do not want to renew tenancy.

    I am posting a section 21 notice tomorrow via first class mail and will get proof of postage.

    I have checked the section 21 checklist and meet all the requirements.

    Again for the last month of the tenancy agreement, tenant has paid rent approx. £150 short.

    Slightly improved with making payments on time between April - August but with the way things are going increased mortgage cost etc need some stability. 




  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The tenancy has not ended: the fixed term has ended. It continues as a periodical tenancy until the tenant or a court ends it.
    No free lunch, and no free laptop ;)
  • macman said:
    The tenancy has not ended: the fixed term has ended. It continues as a periodical tenancy until the tenant or a court ends it.
    Yes that is what I meant. Starting the S21 process to end tenancy and get house back. 
  • RAS
    RAS Posts: 35,740 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Why did you not send the S21 8 weeks ago?
    If you've have not made a mistake, you've made nothing
  • [Deleted User]
    [Deleted User] Posts: 0 Forumite
    500 Posts Third Anniversary Name Dropper
    edited 9 December 2022 at 12:06PM
    RAS said:
    Why did you not send the S21 8 weeks ago?
    I am nice to a fault, was thinking will change but seems people don't change that easily.

    I have decided going through with it, seems 4 bedroom is not affordable but she has said she will struggle to get another property think has CCJ's. All the occupants are over 18. 

    I have informed her to speak with the council if they can assist her, the council would not do much until she is given notice.

    Also need to start the process before the government change the law regarding S21.

    It is been posted today and given 2 months and few days for her to receive, 13/02/2023.

    Due to the royal mail strikes, will also send a copy via email today. 
  • RAS
    RAS Posts: 35,740 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 9 December 2022 at 12:11PM
    You'll probably find that the Council won't do anything until the bailiffs turn up. So you'll need to get determined and hard to enable her to get Council help. Most likely emergency accommodation in the first instance.
    If you've have not made a mistake, you've made nothing
  • RAS said:
    You'll probably find that the Council won't do anything until the bailiffs turn up. So you'll need to get determined and hard to enable her to get Council help. Most likely emergency accommodation in the first instance.
    Yes you are right.

    Will have to follow through with it.
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