We favour a section 21 in preference to section 8 explained why here.
Currently we are able to serve a section 21 notice which is also known as a ‘form 6a’in England.
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The section 21 is a notice saying that the landlord requires the property back. It does not compel the tenant to leave but allows you to enforce it to obtain a possession order. Some leave and most don’t as they see the eviction as a quick route to local authority housing on receipt of the bailiffs letter attendance date.
Section 21 is never served on a whim, as claimed by Shelter, a single-minded, very wealthy, and highly influential bunch. They even get mentioned in the How-to-rent guide, such is their power and influence and how much they are in bed with the government. The solicitor arm of Shelter was created by His Honour Judge Luba. By knowing this, you might perceive that getting possession is under a backdrop of courts having a relationship with Shelter and, therefore, a nod in favour of the tenant. You may be right. The Government does not appear to have any such relationship with any landlord organization, even though the private sector has rescued the government and all local authorities from what would have otherwise been a massive housing catastrophe. Are you getting the picture? Abolishing section 21 has so far been seen as a step too far. And it always will be. Let's see if the Labour government gets to mess it up.
But the good news is that if you are right and everything is done correctly, you must obtain a possession order, and this is where we come in. To assist in a process where you know, you will get your house back.
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Which notice ? The section 21 Notice or section 8?
No, you can be a terrible landlord by not giving these at the start of the tenancy and just serving these later to serve a Section 21 without penalty. More logic: you never need to serve anything unless you want to serve a section 21 notice. Sorry, do-gooders!
The gas safety certificate when the tenancy began…. Don’t miss this bit!
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The unfixable fact is that a gas safety certificate MUST HAVE BEEN IN PLACE AT THE START OF THE TENANT OR FIRST RESUME AFTER 1 October 2015, but it can be served late along with the current one. Case law reads Trecarrell House Ltd v Rouncefield.
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Enforceable notice.
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We want you to have an enforceable Section 21 notice, and to ensure this happens, we at Expert Evictions will serve all these documents for you before we serve the Section 21 so we can present this fact in the court papers.
Then we know you will get a possession order.
If you have previously served these but have no evidence of serving them, you can see why it is easier for us to belt and brace them anyway. This also avoids the possibility of a claim that a previous version of the How-to-rent guide served is out of date, making Section 21 invalid.
Then there is the deposit.
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We will help fix any deposit issues that prevent the Section 21 notice from being enforceable, and at our first no-obligation talk together, we will help you with this.
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Why not section 8?
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Surf the net, and it is easy to conclude that if the tenant is in arrears, use sections 8, ground 8, 10, and 11.
Oh no, it isn’t.
Why?
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Because you are highly unlikely to get a single penny because of that route, why have the money claim? There will be a hearing (section 21 accelerated arrives in the post), and tenants get a free duty solicitor at the hearing. There may be a possible adjournment and a hefty bill if you don’t win because of the claims about the inconvenience and the repairs you knew nothing about.
You would not pursue a Section 8 if there was a times three deposit claim, which could wipe out your claim, though you could pursue Section 8 if the three times deposit claim would not affect the claim because of the size of the arrears.
So, let’s ask another question.
What do you want? Answer: I want my property back and the rent arrears paid.
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You are not likely to ever see a bean with Section 8, so why do you want a hearing when the possession order just arrives in the post for Section 21? There are occasions when we can only serve a Section 8, for example, if you didn't have the first gas safety certificate.
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Are we getting there?
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Let us assist you with your notice because we will take the pressure off you, and we are always at hand to reassure you down the track at one of the most competitive fixed fees on the market.
We will 'fix' any dangerous areas lurking under the Deregulation Act, the Tenancy Deposit Rules, the Localism Act, and the new special licensing appearing in many authorities to make your notice enforceable.
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Call Irene now for a no-obligation chat on 07757 061854