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View Full Version : Should I serve Notice under s.8 or s.21?



briandjackie
16-01-2009, 22:47 PM
Hi everyone, I am new to the forums and this is my first post, though I must have read a million, so thanks for all the advice so far, even if you did not know you had supplied it.:p

A brief background. T missed Decs rent, (monthly in advance), and being the charitable kind we gave her a chance to sort it out, which she predictably did not. We then served her with a Section 21 with a date of 3rd March (beyond the end date of the AST). When Januarys rent failed to materialise and after a week or 2 of trying to establish contact which she steadfastly avoided, we served her with a section 8 with a date of 30th January (Grounds 8, 10, 11 as suggested on this forum).

My question is, given that there is only a months difference between the 21 and the 8, which is the better choice. I suspect the 21 due to the accelerated process but will definitely take advice from those who know best (you guys).

The T is a single mother with a child about 8 yrs. Will this affect anything as I have heard stories about this.

Brian

Muttley
16-01-2009, 23:04 PM
From my own (bad) experience, I would go for the 21 - if served correctly, then there is no defence (although as I found out the T can still ask for a hearing (or two) to have the actual eviction delayed).

johnboy
17-01-2009, 07:14 AM
There is no reason why you cant serve both and decide later which one to use.

P.Pilcher
17-01-2009, 08:50 AM
AS others say above, it is a close call, but I would stick with a section 21. There is so much less to go wrong and the possession order os issued by a judge in chambers where he only has to check the paperwork. In open court - needed for a section 8 action - he could easily be swayed by a sob story from your tenant who could also stump up with some rent on the court steps which would prevent the action going ahead. You might get your possession order a week or two earlier, but this will have cost you an additional £150 in court fees. Is it worth it?

P.P.

briandjackie
17-01-2009, 16:15 PM
Thanks for the feedback so far. I did serve both the 21 and the 8 and the difference was only a month. I did not realise it was more expensive to go down the 8 route and as there is no point in wasting any more money I will go down the 21 route. I just want to get the property back as soon as possible as it is now fiarly obvious that I will not see any rent money. Do I, therefore, use the Accelarated Procedure and if so what forms do I need for this is it the N5 or is there a different form?