Section 21 / 8 advice please

GJB1980

Thanks everyone I sent 2 copies from 2 different post offices and got proof of postage for both just incase she says they never arrived with her 

Sent her 3 messages over the last week with no reply , knocked on the house 3 times and got no answer but noticed the blinds move so they knew I was there , I'm not going out of my way no more I'll wait until they contact me but won't hold my breath

_Penny_Dreadful

GJB1980 said:

Thanks everyone I sent 2 copies from 2 different post offices and got proof of postage for both just incase she says they never arrived with her 

Sent her 3 messages over the last week with no reply , knocked on the house 3 times and got no answer but noticed the blinds move so they knew I was there , I'm not going out of my way no more I'll wait until they contact me but won't hold my breath

Best that you don’t do more because unless you gave 24 hours written notice that you were going to visit the property turning up unannounced 3 times plus 3 messages is veering into harassment territory. 

GJB1980

Thanks everyone for your help and support , the 2 months period is coming to an end in a few days for the section 8 & 21 notices I gave the tenant , we got £1750 backpay from housing and now get £550 direct payment from housing as she's contacted them to say she has run up alot of debt and asked could they pay us directly ( think she's only done this to soften us up to allow her to stay in but we want rid of the house as its been an headache and ashame we have been asking her to do this for the last 12 months but she's only done it now because of the notices we served ) , where still outstanding just over 3k in arrears that will never get paid but at least where getting most monthly rent paid until she has to leave 

What's the proper procedure now with the 2 months notice expiring, serve court notices 

GJB1980

Was very frequently replying back to our messages until I addressed there was still over 3k in rent arrears oweing , there's been no reply back since this even though they've seen the message on messenger 

[Deleted User]

Aviod sending lots of messages.

I used this video with mine and helped https://youtu.be/fPxggQiZ-8M .

I have sent back my slip yesterdy as no defence filed in the 2 weeks tenant was given. 

_Penny_Dreadful

GJB1980 said:

Thanks everyone for your help and support , the 2 months period is coming to an end in a few days for the section 8 & 21 notices I gave the tenant , we got £1750 backpay from housing and now get £550 direct payment from housing as she's contacted them to say she has run up alot of debt and asked could they pay us directly ( think she's only done this to soften us up to allow her to stay in but we want rid of the house as its been an headache and ashame we have been asking her to do this for the last 12 months but she's only done it now because of the notices we served ) , where still outstanding just over 3k in arrears that will never get paid but at least where getting most monthly rent paid until she has to leave 

What's the proper procedure now with the 2 months notice expiring, serve court notices 

Assuming the property is in England and it is the Section 21 you are acting on and not a Section 8 then you need to complete form N5B.  If you are unsure what you are doing then I recommend you join a landlord association such as NRLA as they have guidance notes to help you complete the form correctly.  It is vital you complete the form correctly to the judge's satisfaction or you'll be back to square one again.

https://www.gov.uk/government/publications/form-n5b-england-claim-possession-of-a-property-located-wholly-in-england-accelerated-procedure

GJB1980

_Penny_Dreadful said:

GJB1980 said:

Thanks everyone for your help and support , the 2 months period is coming to an end in a few days for the section 8 & 21 notices I gave the tenant , we got £1750 backpay from housing and now get £550 direct payment from housing as she's contacted them to say she has run up alot of debt and asked could they pay us directly ( think she's only done this to soften us up to allow her to stay in but we want rid of the house as its been an headache and ashame we have been asking her to do this for the last 12 months but she's only done it now because of the notices we served ) , where still outstanding just over 3k in arrears that will never get paid but at least where getting most monthly rent paid until she has to leave 

What's the proper procedure now with the 2 months notice expiring, serve court notices 

Assuming the property is in England and it is the Section 21 you are acting on and not a Section 8 then you need to complete form N5B.  If you are unsure what you are doing then I recommend you join a landlord association such as NRLA as they have guidance notes to help you complete the form correctly.  It is vital you complete the form correctly to the judge's satisfaction or you'll be back to square one again.

https://www.gov.uk/government/publications/form-n5b-england-claim-possession-of-a-property-located-wholly-in-england-accelerated-procedure

We sent both a section 8 and section 21 , is it best to push on with just the section 21 or both as there still in rent arrears , Thanks 

propertyrental

GJB1980 said:

_Penny_Dreadful said:

GJB1980 said:

Thanks everyone for your help and support , the 2 months period is coming to an end in a few days for the section 8 & 21 notices I gave the tenant , we got £1750 backpay from housing and now get £550 direct payment from housing as she's contacted them to say she has run up alot of debt and asked could they pay us directly ( think she's only done this to soften us up to allow her to stay in but we want rid of the house as its been an headache and ashame we have been asking her to do this for the last 12 months but she's only done it now because of the notices we served ) , where still outstanding just over 3k in arrears that will never get paid but at least where getting most monthly rent paid until she has to leave 

What's the proper procedure now with the 2 months notice expiring, serve court notices 

Assuming the property is in England and it is the Section 21 you are acting on and not a Section 8 then you need to complete form N5B.  If you are unsure what you are doing then I recommend you join a landlord association such as NRLA as they have guidance notes to help you complete the form correctly.  It is vital you complete the form correctly to the judge's satisfaction or you'll be back to square one again.

https://www.gov.uk/government/publications/form-n5b-england-claim-possession-of-a-property-located-wholly-in-england-accelerated-procedure

We sent both a section 8 and section 21 , is it best to push on with just the section 21 or both as there still in rent arrears , Thanks 

You did not need to wait 2 months for the S8. Given the extent of the arrears it's unlikely the T would/could have reduced the arrears to below 2 months rent, so S8 G8 would have given the judge nooption but togrant a possession ordrer.

I'd still recommend pursuing both, just in case there is any slip up on the S21. One mistake can invalidate it so if you also have the S8 in progress that won't matter.

theartfullodger

propertyrental said:

GJB1980 said:

_Penny_Dreadful said:

GJB1980 said:

Thanks everyone for your help and support , the 2 months period is coming to an end in a few days for the section 8 & 21 notices I gave the tenant , we got £1750 backpay from housing and now get £550 direct payment from housing as she's contacted them to say she has run up alot of debt and asked could they pay us directly ( think she's only done this to soften us up to allow her to stay in but we want rid of the house as its been an headache and ashame we have been asking her to do this for the last 12 months but she's only done it now because of the notices we served ) , where still outstanding just over 3k in arrears that will never get paid but at least where getting most monthly rent paid until she has to leave 

What's the proper procedure now with the 2 months notice expiring, serve court notices 

Assuming the property is in England and it is the Section 21 you are acting on and not a Section 8 then you need to complete form N5B.  If you are unsure what you are doing then I recommend you join a landlord association such as NRLA as they have guidance notes to help you complete the form correctly.  It is vital you complete the form correctly to the judge's satisfaction or you'll be back to square one again.

h

You did not need to wait 2 months for the S8. Given the extent of the arrears it's unlikely the T would/could have reduced the arrears to below 2 months rent, so S8 G8 would have given the judge nooption but togrant a possession ordrer.

Well, judge can consider repair issues and reduce arrears etc etc..

Judge has options.  Including awarding costs to tenant and expense of landlord (can be thousands).

'sfunny how many appear unaware that if only 1p is underpaid for only 1 day an s8g10 may be validly served.  Very cheap way to send message to tenant.

GJB1980

propertyrental said:

GJB1980 said:

_Penny_Dreadful said:

GJB1980 said:

Thanks everyone for your help and support , the 2 months period is coming to an end in a few days for the section 8 & 21 notices I gave the tenant , we got £1750 backpay from housing and now get £550 direct payment from housing as she's contacted them to say she has run up alot of debt and asked could they pay us directly ( think she's only done this to soften us up to allow her to stay in but we want rid of the house as its been an headache and ashame we have been asking her to do this for the last 12 months but she's only done it now because of the notices we served ) , where still outstanding just over 3k in arrears that will never get paid but at least where getting most monthly rent paid until she has to leave 

What's the proper procedure now with the 2 months notice expiring, serve court notices 

Assuming the property is in England and it is the Section 21 you are acting on and not a Section 8 then you need to complete form N5B.  If you are unsure what you are doing then I recommend you join a landlord association such as NRLA as they have guidance notes to help you complete the form correctly.  It is vital you complete the form correctly to the judge's satisfaction or you'll be back to square one again.

https://www.gov.uk/government/publications/form-n5b-england-claim-possession-of-a-property-located-wholly-in-england-accelerated-procedure

We sent both a section 8 and section 21 , is it best to push on with just the section 21 or both as there still in rent arrears , Thanks 

You did not need to wait 2 months for the S8. Given the extent of the arrears it's unlikely the T would/could have reduced the arrears to below 2 months rent, so S8 G8 would have given the judge nooption but togrant a possession ordrer.

I'd still recommend pursuing both, just in case there is any slip up on the S21. One mistake can invalidate it so if you also have the S8 in progress that won't matter.

Yes housing is now being directly paid to us however it's only £548 a month , there is 3k+ still outstanding in rent arrears that's only going to keep creeping up as tenant can't pay excess to make it up to agreed £600 p.m

I wasn't aware I could of pushed straight away with section 8 , 2 months is now up on section 21 so best to push with that then we also have section 8 notice to back us up too , sorry I've never been in this position before so have no knowledge what's best procedure