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View Full Version : Tenants in arrears; use s.8/s.21/PCOL?



matthewnaylor
21-01-2009, 19:04 PM
Hello there,

I was wondering if anyone could help me. I have tenants who have made part payments for the last two months and have often been late or not paid in full, I understand that this means I can serve s.8 notice on grounds 10-13, however I also want them gone regardless of whether they pay so wish to serve s.21 notice. I understand from reading another thread that I can serve them simultaneously but I am unsure of a couple of things.

How does possession order work following section 21 notice being served?
What do I have to do when the tenants fail to move out after the two months?

Do I use the PCOL or accelerated possesion in this situation?

Thanks

Matthew

Paul Gibbs
22-01-2009, 07:50 AM
look for previous threads to ensure the s21 notice is correct. once it has been served and has expired issue accelerated possession proceedings.

The court will issue the claim and allow the T 14 days to file a defence - if nothing filed fill in the reply form requesting possession.

once a possession date is set the T can apply to postpone possession however only on grounds of exceptional hardship, and even then it can only be postponed for a maximum of 6 weeks from the date of the first possession order (date the order was made not the date the T had to give possession by)

once deadline has passed if T still there apply for bailiffs (there are threads on here re the forms to fill in but they are v basic - court fee for bailiffs is £95 unfortunately

matthewnaylor
14-02-2009, 13:51 PM
excellent, thanks for your help.

I thought it was something like that but it's good to have it all laid out for me.

thanks very much.