View Full Version : What is the quickest way to evict when a tenant is in arrears? S8 or S21
05-12-2011, 11:53 AM
I'd be grateful for advice on the quickest way to gain possession. We have already issued an S21 and the two months has now expired. Not only is the tenant in considerable arrears (having asked the DSS to pay his housing benefit directly to him he then spent it on a new van) but he is also becoming a social nuisance to our commercial tenants in the same building. The DSS have stopped his housing benefit and he says he has no deposit to be able to find somewhere else to live. He is a bankrupt and knows how to play the system and so we are unlikely to be able to recover any rent arrears.
Is the quick route to possession a N5B or would we be better off issuing him with a S8? We just want him out and fast! We have pictures of his work van and website details so he is unlikely to be able to claim hardship.
05-12-2011, 12:00 PM
He is extremely likely to claim for hardship: Question is, will Judge believe him...
In your shoes I'd pursue both S21 & S8 routes, in case either of them were to fail (S21 as invalid due to wrong dates [you know about "after"] or deposit not protected/prescribed-info-not-served/no evidence of S21 service.., S8 as he might bring outstanding rent [not same as arrears] below 2 months by the hearing date..).
Yup, get him out, then go for the ££££.. good luck!
05-12-2011, 12:06 PM
If tenant owes more than 2 months rent yes you can go down the S8 route but you will still need to apply to the courts and that will take time - to get a hearing date and hope that there is no disrepair for tenant to get an adjournment over.
I myself might make a cash offer to tenant to get him agree to end the tenancy and leave. Payment only on move out and sign document ending agreement for cash.
05-12-2011, 15:55 PM
Allowing for Christmas, an n5b served now should (if successful) result in a possession date of around 1st week of February.
As s8 requires a court hearing, it is likely to take a little longer. Depending on how busy your local court is, the hearing may not be until Feb.
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