View Full Version : Served s.21 Notice on HB tenant, but HB has stopped

27-03-2008, 01:02 AM

This is the first time i have served s21 to my tenants who are on housing benefit.

The two months notice has expired and they should have been out by now but they refuse as they are sayin they are finding difiiculty rehousing etc.
The tenant are saying they will move but not sure when as they need to find another place and they are asking me to take them to the court.

The rent has been paid by council until the council stoped it a month ago, so the tenants are on one month arrears.

I would like some help on the following:

1) why are the tenant asking me to take to the court?

2) Since the council stopped the paying me the rent a month ago, what does that mean?

3) What are the procedures for me to gain possesion now, bearing in mind i have received rent until the council stopped it a month ago. What exactly do i need to do to gain possesion?

Much appreciated

27-03-2008, 10:34 AM
Anybody who receives housing benefit will not be rehoused until they are evicted via a court order (the only legal way to end an AST). You now have to issue proceedings through the courts using the accelerated possession pocedure. If you don't know what to do then you should employ a solicitor. On becoming a landlord you should really have found out about this before now.