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scribbler
21-10-2009, 15:45 PM
I have served a s.21 notice and therefore can in theory go for accelerated possession. However, it now transpires that Possession Claims On Line (PCOL) CANNOT be used for accelerated possession but only where there is rent arrears which then requires a section.8 notice.

The question is.

Should I go for possession on the basis of a s.21 notice involving paying the £150 court fee or am I paradoxically better off waiting for the tenant to be 2 months in arrears an then go for a section 8 notice & PCOL. OR indeed is it best to go for both?

Any advice would be greatly appreciated.

Scribbler

jeffrey
21-10-2009, 16:10 PM
(Sigh) As usual, I remind that the Act does not say "in arrears" re weekly/fortnightly/monthly rent- but "unpaid". They're not the same.

havensRus
21-10-2009, 18:15 PM
I have served a s.21 notice and therefore can in theory go for accelerated possession.

When does S21 become effective?
Did you serve the correct one S21(1)b if tenancy still in initial term or S21(4)(a) if now statutory periodic?



Should I go for possession on the basis of a s.21 notice involving paying the £150 court fee or am I paradoxically better off waiting for the tenant to be 2 months in arrears an then go for a section 8 notice & PCOL.


Depends on the situation.
If S21 effective already, then go for it.
Does T have 1 or 2 months rent unpaid? As Jeffrey pointed out, not 2 months in arrears, but 2 months unpaid rent. So if rent due on 20th of month, and no rent on 20/09 and no rent on 20/10, T now has 2 months unpaid rent and you can serve 8-Gnds 8,10,11.



OR indeed is it best to go for both?


Where appropriate, definitely serve both, then you have the option of which process to take through the court process, but you can't do both simulatanously.