PDA

View Full Version : After s.21 Notice served, can I also serve s.8 Notice?



Joelp3333
14-02-2008, 09:12 AM
Please can some one help me with a descision ?

I am in the process of claiming a s21 accelerated Possession order (currently waiting to go to court next Friday 29th).

Since I have started this process my tenant has been charged with threatening criminal damage and I would like to remove them asap. I understand that I can use the s8 ground 14 route here.

Questions : Can I run the s8 and the s21 notices in parallel?
Or can I send a letter into the court stating this recent event?
(i.e. I would like to gain posession on the court date as opposed to waiting the discretionary 14 days+ after the court date)

I would really appreciate a steer !

jghomer
14-02-2008, 10:38 AM
Yes you can run S8 and S21 in parallel, and in this instance a two pronged attack would be a good idea methinks....

jghomer
14-02-2008, 10:40 AM
Altho if you're in court with the S21 route in 2 weeks anyway, that'll probably evict them before the court even spots the other method in their intray....

jeffrey
14-02-2008, 10:44 AM
Joelp3333: check (and re-check) s.21 Notice, to ensure that it is accurate in every respect.

Joelp3333
14-02-2008, 14:23 PM
Thanks both, I am probably going to wait for the courts to process the s21 (which I have had checked by a solicitor!).

Just another couple of weeks of waiting for the order then the bailiffs will probably be called in.

Joelp3333
14-02-2008, 14:23 PM
P.s. Bailiffs will be called in once the order has expired.

johnboy
14-02-2008, 17:27 PM
Isnt ground 14 of a section 8 the one that can be acted on straight away with no notice????

Joelp3333
15-02-2008, 00:35 AM
I have paid a solicitor to carry the s21 route (accelerated posession). I wanted to serve the attached but have been advised to keep out;

"With reference to the above claim I wish to inform you of additional evidence that has come to light which I believe may be used in support of any decision.

The defendant Miss XXXX was arrested and charged with threatening to cause criminal damage on 11th February 2008, crime number is XXXXXXX and the arresting officer is PC XXXX XXXX from XXXXXXXX Police station. Miss XXXXX admitted to threatening to burn down XXXXXXXXXXXXX on 8th February 2008. She is due before the court on 21st February 2008.

I have also been reliably informed that there was an individual brandishing an air rifle in the garden of XXXXXXXXXXXXXXXX on 10th February 2008, a police officer was called by neighbours to the address who warned the perpetrator.

In addition to the above I have heard from a source that XXXXXXXXX has threatened to “get him sorted” with reference to myself, a threat that I am not taking lightly given her charge and alleged past criminal history.

As both a landlord and a law abiding citizen, I am asking you to consider the three points above to expedite the resolution of this difficult situation. I would like to gain a court order today, if at all possible."

Although this is a s21 notice I do really feel it relevant, but would like an independant opinion, would this affect my claim?I really dont want this person in my house for another minute.

Joelp3333
15-02-2008, 00:40 AM
P.s. this person has today informed me ;

Miss XXXXX has today called and stated that some "friends" would like to come and have a "chat" with me.

Do you think that this means they want to come and pay some rent or would like some reading lessons?

Joelp3333
15-02-2008, 00:43 AM
sorry didnt mean "this person" I meant my solicitor.