We prefer section 21 over section 8, as explained here.

 

Currently, we can issue a Section 21 notice, also known as a ‘Form 6A’ in England. 

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Section 21 is a notice indicating that the landlord wants the property back. It does not force the tenant to leave but allows you to enforce it to get a possession order. Some tenants leave, and most don’t, as they see the eviction as a quick way to access local authority housing once they receive the bailiff's letter and attendance date. 

 

Section 21 is never used on a whim, as claimed by Shelter, a single-minded, very wealthy, and highly influential group. They even get mentioned in the How-to-Rent guide, reflecting their power and influence and how closely they work with the government. The solicitor branch of Shelter was created by His Honour Judge Luba. Knowing this, you might see that securing possession often involves courts that have a relationship with Shelter, possibly favoring the tenant. You might be right. The government doesn’t seem to have any such ties with any landlord organization, even though the private sector has rescued the government and all local authorities from what would have been a major housing disaster. Are you getting the picture? Abolishing section 21 has so far been seen as a too-far step. And it always will be. Let's see if the Labour government manages to mess it up.

 

However, the good news is that if you are correct and everything is done correctly, you will obtain a possession order, and this is where we come in. We would like to help in a process where you know you will get your property back. 

 

 

 

 

The gas safety certificate when the tenancy began… Don’t miss this bit!

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The unchangeable fact is that a gas safety certificate MUST HAVE BEEN IN PLACE AT THE START OF THE TENANCY OR THE FIRST RESUME AFTER October 1, 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 to ensure you have a valid Section 21 notice, and to do this, we at Expert Evictions will serve all these documents for you before serving the Section 21 so we can include this fact in the court papers. 

 

Then we know you will get a possession order.

 

If you have previously served these but lack proof of doing so, it’s easier for us to do it anyway. This also avoids the risk of claiming that a previous version of the How-to Rent guide served is outdated, which could invalidate Section 21.

 

Then there is the deposit.

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We will help resolve any deposit issues that make the Section 21 notice unenforceable, and during our initial no-obligation consultation, we will assist 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.

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Oh no, it isn’t.

 

Why?

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Since you're unlikely to get any money from that route, why bother with the claim? There will be a hearing (section 21 accelerated notice arrives in the mail), and tenants get a free duty solicitor at the hearing. There might be a chance for an adjournment, and you could face a hefty bill if you don’t win due to claims about the inconvenience and repairs you were unaware of.

 

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 probably won't ever see a Section 8 notice, so why request a hearing when the possession order for Section 21 just arrives in the mail? Sometimes, we can only serve a Section 8, for example, if you didn't have the initial gas safety certificate.

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Are we getting there?​​

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Let us help you with your notice by easing the pressure and providing reassurance in the future, all at some of the most competitive fixed fees available.

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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