Possession Claim
Possession - Section 8 and Section 21

1 Thanks
17 Posts
10 years ago
My tenant stopped paying rent in November 2013.
A section 8 (grounds 8,10,11)and section 21 notice was served and received by the tenant on 31/12/13.(expiring in 14 days and 2 months respectively.

I began PCOL before the 2month period for section 21 notice expired but after 14 days of expiry of section 8 notice(no previous experience of filing such a claim and total frustration that the tenant continued to live at my property owing me huge sums in rent). Tenant pointed this to the court that the claim should be stuck off as it was invalid. I wrote to the court that section 8 notice was still valid so the hearing /Possession claim is proceeding as planned.

I also filed a small courts claims for rent arrears and a judgement was issued in my favour-tenant now requests a redetermination though he has cleared arrears for Nov/december 2013(but has paid no rent over past 3 months).

I am concerned that he might try to pay off some overdue rent just before the hearing or make false counterclaims to delay matters . If he clears off some rent arrears and is not 2 months or more in arrears on the day of hearing the judge may not grant possession.

I live 120 miles away from my property and have to take a day off to travel to the courts. Tenant is arguing that he will face exceptional hardship if he was evicted.He is currently employed but doesn't earn enough to pay rent for a luxury flat, after he lost his previous job last year.

I am concerned that I might end up wasting my time if he clears off some arrears before the hearing(so that he isn't 8 weeks in arrears on the day of hearing) and therfore the court may refuse a possession claim.

My question is :Should I take the risk and carry on with this claim based on section 8 notice (grounds 8.10.11) or should I withdraw the claim and file a new PCOL citing section 21 notice. Is my section 21 notice issued on 31/12/13 which expired 2 months afterwards still valid for a new PCOL if I was to withdraw the current claim under section 8?

To cut a long story short I have had enough of the tenant fobbing me off and having nearly 4k in rent arrears. He is a single employed male Property was rented through the estate agents and is past its fixed term(periodic tenancy now). Any advice would be greatly appreciated

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