PCOL or not to PCOL?

[samjones]

Dear All,

Following my thread [I Can't Post Hyperlinks Yet] Somewhere on the forum [\ I Can't Post Hyperlinks Yet] I followed Snorkerz advice and served both a S8 & S21 via post from two different postal offices. The expiry date on the notice is fast approaching (19th April)

My question relates to S8 & PCOL not S21 as I have seen some confusion on this already.

So, my question is ;) shall I submit a claim for possession through PCOL ( relying on S8) or shall I go down the N5b N119 route?

Is the differences of going through PCOL that? ;

1) You initially save £50.00 on fees
2) You have to attend a court date with evidence such as S8 and supporting docs.

Whereas, as I understand it, through submitting a N5/N119 and including relevent docs you may not need to attend if everything is in order/not contested by T?

I'm after the best route in all honesty, so some advice would be greatly appreciated.

Thank you

Sam

[P.Pilcher]

As far as I am aware, you only use PCOL for section 8 claims and save £30 in doing so. If your tenant contests the claim, it will be transferred to a county court appropriate to the property for the hearing. PCOL cannot be used for S21 claims which should be referred to the appropriate county court.

P.P.

[Snorkerz]

Normally, the s8 notice expires before the s21 notice. In that case, you'd PCOL first. If the s8 failed, the chances are that the s21 notice would be near to its expiry date, so you would then steam-roller onwards with the s21 as soon as allowed.

If both notices are expiring around the same time, I would make a decision based on arrears - a s21 although almost guaranteed, will never result in an order for unpaid rent and so you would have to claim for that separately.

[davidjohnbutton]

P.Pilcher - just to correct you slightly.

1. You save £50 by doing PCOL (fee £100 by credit or debit card)
2. You get the hearing date usually instantly or a few days later - whether or not the tenant defends the claimant or his solicitor MUST attend with the original of the S8 form, proof of service and an up to date rent schedule showing what is due up to the hearing date. If the claimant does not attend with these things, the judge will dismiss or strike out the action.
3. The court is selected by the address where the tenant defendant lives automatically under PCOL.