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Question

Landlord Wants Tenant to Leave (England) | Nuisance and Anti-social Behaviour (England)

What is my first step to repossess

6 Jun 2016 | 3 comments

New tenant ast started 15/02/2016 bad choice. gets housing benefit but wont pay the rent! also nuisance neighbour. want her out asap, not bothered about the rent arrears (no chance of getting anything from her) 6mnths tenancy started 15/02/16. want to know what to next ie what form(s) to serve. rent payable on the 1st of each month

regards brumski

Answer

3 Comments

  1. guildy

    This depends on the current level of rent arrears. If the tenant is 2 months or more in arrears, you can serve a section 8 notice. This is 18 days long after which you can commence court proceedings. All you have to prove to be entitled to possession is (a) they were 2 months in arrears when the notice was served and (b) they are 2 months in arrears on the day of the hearing (an as yet unknown date).

    Under the new October 2015 rules, you are unable to serve a section 21 (2 months) notice until 4 months plus 1 day of the original tenancy. Therefore, once you get to that date, you should also serve the section 21 as a backup (just in case you get paid to a level taking the rent below 2 months arrears). By my calculations, you can serve the section 21 from 16 June onwards.

    Please see our possession notice wizard here

  2. brumski

    thank you for your reply, just one question, I don’t want to muddy the waters with the arrears etc would I be better to wait and send the section 21 form? the housing benefit might pay me by bacs, so the section 8 could be voided. I just want her out as easy as poss
    regards brumski

    • guildy

      I see no harm in at least serving the section 8 notice. It will only cost a little time and a stamp. That at least gives you options should you choose later. If you prefer though you can then still wait for the section 21 and allow it to expire to get your court order.

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