Section 8 or Section 21 ???
Possession - Section 8 and Section 21

0 Thanks
3 Posts
10 years ago

Section 8 or Section 21

I have recently become a new RLA member and very much appreciate this opportunity to submit my first query here.

I have a query as to whether it would be most economical (time & cost) to proceed with Section 8 (Fault Based Possession) or Section 21 (Possession at Tenancy End) and whether it would be necessary to have a solicitor to do this for me or not. Let me outline the particulars to make this clear:

Requirements: 1. Court possession order to evict a council placed tenant
2. Recovery of GBP6,000 in arrears (over 3 months rent)

Details: Property: 4 bedroom privately owned property in London
Landlord: Myself, UK citizen, currently residing overseas in the Far East, aunt in London prepared to act on my behalf
Tenant: Council placed tenant on housing benefit
RLA AST: Signed 29/12/2012, From 31/12/2012, Expires 29/12/2013

Notices Sent: (1) Notice to Tenant of Rent Default + Notice to Pay Rent (Signed by tenant on 17 Sep 2010) + Copy of tenant’s passport
(2) Condition Report and Overdue Rent Notice (Sent 7 Feb 2011)
(3) Current Assured Shorthold Tenancy Agreement (Signed by tenant on 29 Dec 2012)
(4) Notice to Tenant of Rent Default + Notice to Pay Rent (Updated) + Statement of Account (Sent 27 Sep 2013)
(5) A copy of the tenant's handwritten reply (Signed by tenant and received on 28 Sep 2013)
(6) Notice to Tenant of Rent Default + Notice of Termination of Lease + Notice to Pay Arrears + Statement of Account (Sent 31 Oct 2013)

I believe this matter to be a standard eviction procedure as required by the council placed tenant for rehousing purposes; however there is also the matter of debt recovery of undisputed arrears currently amounting to approximately GBP6,000.
The tenant herself wishes to move from my 4 bedroom property to a smaller 2 bedroom property which she could then afford but is simply unable to do this without first providing the council with an eviction notice / court order for them to rehouse her. The tenant and I are on good terms and are mutually agreeing to this process.

Because the current tenancy agreement expires in exactly 1 month from now on 29 December 2013 I am unclear whether it would be most economical (time & cost) to proceed with Section 8 (Fault Based Possession) or Section 21 (Possession at Tenancy End) so please advise accordingly.
In particular I note the information provided by the RLA on the ‘General Notes on Possession’ page ( ).

Whichever notice I serve I also query whether it is acceptable for me to serve a signed, scanned, emailed then printed copy of the notice to the tenant. As I wish to serve notice to the tenant today/tomorrow and I am overseas, would it be acceptable for me to send the original signed notice by email to my aunt to serve on my behalf or must she wait for the original to be sent to her? Any issue with having my aunt serve the notice on my behalf as I cannot serve myself because I am not physically present in the country?

Please Login

You must be logged in to participate in our forums, to continue please login below.

Not a member? From only £99 you can join in the discussion and get access to member's only resources and services.

As the home for landlords, the NRLA are here to help you save time, save money, and stay compliant. NRLA membership gives you access to a vast range of expertise, resources, and exclusive member benefits and savings, designed to help and empower members. We also play a pivotal role in campaigning and championing the interests of landlords.