Eviction help for a landlord ?

Guitar62

I have served a Form 6a notice to my tenant giving the required 2 months notice.
If they do not leave at the end of the notice period do I then serve a Section 8 notice or do I apply for a Possession order ? 

Slithery

Possession order.

GDB2222

You apply for a possession order. 

The fact that you are asking does not bode well. I really strongly suggest that you involve a solicitor who specialises in residential landlord and tenant work. 

Or, at least join NRLA, as they have an advice line.

canaldumidi

If you don't know the answer, what else don't you know?

Is your S21 Notice valid? Check all 88 questions here:

S21 checklist (Is a S21 valid?) - note 1 Q is missing from the questionaire: has the T received an EICR?

If you are considering a S8 then which ground? G8 rent arrears? If so don't wait. Serve now. Are these the same tenants as in 2020? If so consider G11.

saajan_12

Guitar62 said:

I have served a Form 6a notice to my tenant giving the required 2 months notice.
If they do not leave at the end of the notice period do I then serve a Section 8 notice or do I apply for a Possession order ? 

One notice from you doesn't trigger another notice from you.. If Section 21 and Section 8 notices are applicable, then they can be served independently of eachother, ie possibly in parallel.

With either notice, you're not actually asking the tenant to leave (so not surprising they haven't left) but rather stating your intention to go to court. When the notice expires, the next steps are 
- you can apply to court for a possession order
- wait for a hearing date
- ultimately if your notice is valid, the court grants a possession order - demanding the tenants leave by a certain date
- wait for the date and if the tenatns don't leave then apply for bailiffs to remove the tenants. 

theartfullodger

Why are you wanting to evict this tenant, please?

And why using the s21 "no reason at all" route rather than S8?? (I noticed you'd mentioned s8 - are there rent arrears?).

Is this the same situation from over 6 months ago?? (If so way a new thread, please??)
https://forums.moneysavingexpert.com/discussion/6189796/interest-on-late-rent-payment/p1

Are you the original landlord? 

Yes, key thing is check s21 using the link provided: Many (many!) are invalid.

Rumana03

If you have home insurance for your buy to let property then they might cover legal expenses...check and if they do ask them for some legal advice.

Guitar62

Thanks Slithery.

Thanks  for the advice.GDB2222

Thanks for info canaldumidi. Yes my S21 is valid and all checked. I was only asking if I had to serve a S8 first. I would probably use G8, G10, G11. Yes the same tenant I have been patient due to lockdown etc but worse.

Saajan12 - thank you for the straightforward answer, much appreciated

Thanks theartfuldodger - yes same tenant, trying to be considerate as everyone has been through a hard time. Wanted to give them time to leave before pursuing court action etc.... S21 has been checked and is valid.

Thanks Rumana03 I have and will check.

Guitar62

I know my S21 is valid and checked but I have taken your advice and gone through the checklist in the link and confirm it is valid. 

Guitar62

Just to let you all know the tenant moved out. very relieved even though the property was a mess and still no rent paid.

I have started a claim to have his deposit paid to us for cleaning and rent arrears.

There will still be a balance owing of rent arrears - will take to the small claims court if necessary. I guess its best to wait for the result of the deposit claim before starting it ?

SusieT

Guitar62 said:

Just to let you all know the tenant moved out. very relieved even though the property was a mess and still no rent paid.

I have started a claim to have his deposit paid to us for cleaning and rent arrears.

There will still be a balance owing of rent arrears - will take to the small claims court if necessary. I guess its best to wait for the result of the deposit claim before starting it ?

That must be a relief, at least they have moved without you having to take it further.
The S21 I issued has a few weeks to go and I believe the property is empty, but cannot do anything until they hand back the keys. I am relieved that I did not have to resort to S8 or court, and that I should soon be able to go in and see how much of a state it is in, get it rectified and decorated so that it is in good condition, and then either sell it (my preferred option at the moment) or find a new family to live there.