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Applying to Court for Possession — Standard Procedure (England) | Ending a Tenancy (England) | England

Tenant declares himself bankrupt, Section 8 and 21?

16 Jul 2021 | 1 comment

Are these the only options for the landlord?

The tenant isn’t returning any of my calls but I’ve had a letter from The Insolvency Service confirming the bankrupcy and that there is unlikely to be a payment to creditors. Am I right in thinking the Section 8 notice period is reduced to 2 months instead of 4 from August?

I’ve applied to Universal Credit for direct payment, in case the tenant is claiming as he is now 2 months in arrears.

The landlord is temporarily posted overseas so wouldn’t be able to attend any court hearing. Would they have to instruct a solicitor to attend on their behalf?


1 Comment

  1. guildy

    You’re absolutely right on all counts.

    The s8 notice reduces from 1 August so you could do s21 now then s8 after 1st.

    There was a court case which we can’t just find now but basically said can still obtain possession against a bankrupt on s8 rent arrears grounds even though the arrears aren’t technically owed.

    Landlord must use solicitor for court forms and attendance if not themselves (an agent isn’t allowed to attend nor do court forms but can serve the notices).

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