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briandjackie
19-01-2009, 22:27 PM
Hi,

I have formulated a course of action for my non-paying tenant and would welcome any advice/comments.

Rent is £400 in advance payable on 1st of Month
T has missed Dec and Jan payments
Served with Section 8, grounds 8, 10 and 11 expires 30th January 09
Served with Section 21, expires 3rd March 09
Bond is protected

My plan is to apply for PO under section 8 on 30th January, probably using PCOL
By the time the court date comes around T will be 3, possibly 4 months in arrears, meaning she would need to pay £800/ £1200 to avoid the mandatory grounds. If she pays this, all well and good as it is money I never expect to see and I will then go down the 21 route.

All seems Ok to me so far but having no experience of this myself it is the timescales involved which have me scratching my head. For instance what is the likely time frame for section 8/PCOL with a months head start compared to Section 21/Accelerated Procedure? Given that she is a single parent with a primary school age child will the benefit of a personal appearance going down the section 8 route cause me problems and further delays? Does going the section 8 route give me a better chance of recovering any money than going section 21 and then having to go down the moneyclaim route? If there is not much chance of getting the money either way, which is more likely to make her life hell?:D

Thanks in advance.

Brian

PaulF
20-01-2009, 07:50 AM
Ask your local court for an estimate of timescales. Remember if you want the judge to assess arrears at the same time at the S.8 hearing you can't use the APP but it is still likely to be processed sooner than your S.21 application. It will also mean your tenant having a CCJ if they don't pay up within 21 days of the judgement.