Section 21(Form 6a)
Only applies to an Assured shorthold - England only
A section 21 notice (form 6a) is a formal document that informs your tenant that you want to have your property back. Most landlords know that the government is moving to abolish this notice, now criticized as the No-Fault Eviction by authorities. Sorry, there is usually a reason. Landlords do not evict tenants on a whim, as Shelter and the government want us to believe. When a tenant receives a Section 21 notice, they are directed to seek help from the Local Authority, only to be told that the council cannot assist until the bailiff arrives. In my opinion, abolishing Section 21 will only benefit the government, which will no longer be responsible for providing housing. And once again, private landlords will bail them out, but this time without the safety net that, if or when something goes wrong, a landlord can, without a hearing, gain possession of the property. D NEWS (FOR NOW) - IS YOU CAN STILL USE A SECTION 21, & PROVIDING EVERYTHING IS DONE CORRECTLY
YOU WILL GET POSSESSION
If you or your agent has served the section 21 notice, I will need to review pre-notice documentation. The fee for this review and preparing the court papers is £675.00. If there is even a slight chance that your notice might not be enforceable, I will not proceed under any circumstances. Not only would it be a waste of time and money, but I also need to protect my reputation. If the notice needs to be appropriately reserved and yours is rejected, there is no additional charge. I prefer to make your notice enforceable if possible, so please don’t interpret this as a cost-generating exercise.
My aim is to obtain possession without a hearing, which I do. The Deregulation Act, which applies only in England, has improved the process; the 20-page possession form now asks all the questions. Landlords and agents typically receive the possession order in the post, as they should. Regardless of the reason for not having your possession order in the post, it needs to be resolved and often involves submitting a lengthy defence statement.
No, it is not the time to pay those exorbitant charges per hour to a Solicitor. I include this in the fixed fee, once again making your choice to use Expert Evictions very cost effective.
Section 8 (Form 3)
Only applies to an Assured shorthold - England only
A notice that is used when the tenant has breached one or more of the terms of the tenancy, more often used for non-payment of rent, unlike the section 21 notice, which, for now, has “allowed” the Landlord to take their property back because they want or need too with the section 8 the landlord will have to clearly state the reason ( known as a ground) as set out in the Housing Act 1988.
These are the rules: (still thinking about doing it yourself?)
Eight mandatory grounds (possession is automatic if proven)
Nine discretionary grounds (allows the judge to consider your claim)
You can use multiple discretionary grounds and may combine them with mandatory grounds to strengthen your chances of winning.
The most common grounds used are rent arrears, property damage, and anti-social behaviour.
Now, I would like to point out that your mission is to find the evidence to support your claim.
Rent arrears (should be easy). Rent statements showing missed payments and the amount outstanding. Let's select Ground 8 (mandatory). The tenant must be in arrears of two months, or at least 8 weeks. But if the tenant reduces the arrears below the threshold BEFORE the hearing, you lose. To strengthen the claim, let's add a couple of discretionary grounds - Ground 10, which covers rent arrears that don’t have to be over two months, and Ground 11, which applies if the tenant regularly pays rent late, even if they don’t currently owe arrears. That should improve your chances.
Property damage – Photos or inspection reports showing the extent of the damage. This one could be tricky, as tenants who have wrecked your property don’t often let anyone in, let alone allow them to take pictures. I once had tenants who kept a goat in the house; the damage caused was extensive, but proving it was impossible.
Anti-social behaviour – Complaints, police reports, witness statements. Good luck with this one. Is a neighbour who has been abused going to provide a statement when the tenants are still living next door? You're going to need more than one police crime report. Let's hope the law arrives in time to catch your anti-social tenant in the act!
Why choose expert evictions for serving your notice/s?
Expert Evictions offers unparalleled expertise in Section 21 & 8 evictions. I am dedicated to ensure compliance, reduce stress and deliver results.