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Question

Landlord Wants Tenant to Leave (England) | Preventing Controlling and Recovering Rent Arrears (Wales)

Speed of Section 21 Vs Section 8

14 Feb 2018 | 5 comments

Hi, My question relates to how long it usually takes from filing a case/paying the fee until the tenants receive their paperwork . . . . Does the initial processing of a Section 8 case tend to be any faster than a Section 21 because it can be filed online? I’m unclear as to whether a Section 8 case is still sent to the local county court for processing (and subject to how busy they are) or whether it’s processed somewhere else? Thanks

Answer

5 Comments

  1. guildy

    Both are the same as they are processed at the local court (or local handling centre in some areas) – about 5 – 10 days or so.

  2. Jackson

    Thank you, I have a related question: at what point does the judge himself look at the case, is it right at the start prior to it being sent out to the defendants or does the judge only look at it after the defendants return it to the court (or not return it within the timeframe).

  3. guildy

    A section 8 won’t be looked at until the day of the hearing. A section 21 will be looked at when the tenant replies or if no reply when the landlord sends back the tear off slip.

  4. Jackson

    Thanks – can you please explain more about this tear off slip, I’ve seen it mentioned a few times but I don’t know what it refers to – what does the landlord receive that has a tear off slip and when should he receive it and respond by?

  5. guildy

    The court writes to you saying they have sent the forms to the tenant(s) and gives a date when they are deemed to have received it. This letter has a tear off slip.

    After 14 days from the date in the letter, if nothing has been heard by you from the court, you sign, date and tear off the slip and return to the court. That then goes to the judge with the forms who will decide whether to grant possession or not (or order a hearing if there’s something not sure of). After deciding, a further letter will be sent to you and the tenant(s) with the order.

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