Section 8 Notice
Possession - Section 8 and Section 21

0 Thanks
2 Posts
1 month ago

As a newbie to posting on this forum, your advice would be very much appreciated.

My estate agents served a Section 21 Notice back at the beginning of February 2021 and is due to expire beginning of August 2021.

A few days ago I was informed by the Council the tenant has no intention of moving out as they want a council property. The Council have said they are 'close' to being made an offer but did not supply a date and want to know how I want the rent to now be paid and have suggested weekly. The tenancy agreement stipulates PCM only. I have not responded to the Council.

I have therefore engaged a solicitor to deal with the eviction process, however, today I have found out the agency who dealt with the Section 21 notice have used an outdated Form 6A and my solicitor has said I need to start the Section 21 process again with the correct form and give four months notice. The estate agents are not interested and I will now be using the solicitor instead to re-serve any notice.

My question is.. even though I chose the Section 21 route, I actually want the property back due to anti-social behaviour, I served a Section 21 notice so the tenant could not argue against the order as they are aggressive and manipulative. Unfortunately I live next door to the tenant and have had security cameras since 2016, however, they needed to be updated and were replaced about a month ago and only show my garden and not invade my neighbours (including my tenants privacy) - Police aware. Due to the cameras my tenant has been verbally abusive to both myself, my husband and my mother regarding the cameras. The tenant has started telling my neighbours that we are spying on them and spying on any young children, that we are freaks and perverts. The Police of course have been informed and want to issue a Public disorder act notice for another incident whereby during a power cut the house alarm which should have been disconnected by the alarm company was activated during a power cut, I offered to swtich off the alarm, however, at first the tenant refused entry and said they were going to allow the alarm to remain on. I said that was fine and the neighbours would just call the Police. I was finally allowed entry only after a barrage of abuse. The Police have recorded a 4A public order act and have given me a crime number and are waiting on how I want to proceed as I was holding off thing they were going to leave. My neighbours do not want to get involved.

The anti-social behaviour started within the first few weeks of moving in and includes, loud music, constant banging of internal and external doors, loud arguments, violent behaviour within the property and arguments outside of the property. One neighbour has complained about the noise and I sent an e-mail notifiying them.
I have also had to call out the Police at Easter due to violent behaviour and arguments within the property.
The second Police call out involved myself and they have said they can prosecute under a 4A public order act.
Unfortunately I have not kept a diary of all the events but will of course do this if I ever need to.

Do I re-serve the Section 21 notice and not mention their behaviour or do I go down the Section 8 route?
I'm now at the end of my tether.

Sorry about the long post ..
If you managed to read to the end then I thank you!

Please Login

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

Not a member? From only £75 you can join in the discussion and get access to member's only resources and services join now.