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Question

Landlord Wants Tenant to Leave (England)

Section 21 issued – best procedure if they don’t leave?

15 Jan 2018 | 2 comments

Hi, I issued the Section 21 (which I hope is seen as valid), so if the tenant does not leave at the end of the tenancy what is my best procedure? I was thinking I could apply for the accelerated possession order and at the same time also issue the tenants with a section 8 notice, so that that could be acted on instead if the section 21 then runs into any problems? is this a good or bad idea? thanks

Answer

2 Comments

  1. guildy

    You should treat the section 8 and section 21 separately.

    If the tenant is two months or more in arrears, you can (and should) serve the section 8. If they are now in that amount of arrears, serve it now, otherwise wait until they are.

    If the section 8 expires quite sometime before the section 21 notice, then you can apply for a court order based upon the section 8 notice. If however, they aren’t in sufficient arrears and the section 21 expires first, just apply to the court based on the section 21 (generally using the accelerated procedure).

    If they are both going to expire at a similar time together, please get back in touch and we will go through the pros and cons and assist in deciding which notice to apply to court under.

    All the guidance for the court procedure including forms is available here when you’re ready.

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