Landlord Advice

 

Obtaining a Possession Claim

 

Where the tenant is in the early stages of his or her tenancy term and you do not wish to delay the eviction process then sound landlord advice is to submit a possession claim following the Section 8 notice. The landlord must first submit a possession claim then attend a hearing to obtain an eviction order. It is recommended that an advocate attends the hearing with the landlord to present the case to the judge and answer any legal questions that the judge may raise.

The s8 route involves claiming for possession under one of the seventeen grounds set out in the 1988 Housing Act. Some of these grounds are 'mandatory' – if they can be proven then the judge will automatically grant a possession order. Ground 8 gives mandatory possession where the tenant is a full two months in arrears with rent both at the time of serving notice and at the actual court hearing. There are other non-mandatory (discretionary) grounds which can also be invoked, but with less certainty of outcome.

This route can include a claim for the rent arrears.

In terms of procedure, the best landlord advice is for a valid form of s8 notice to be served on the tenant, and the notice period of two weeks specified in this notice must expire. You can then use the normal possession procedure and the court will set the case down for a hearing, which you will have to attend and give evidence at.

If successful you will get an order for possession, an order that your tenant pays certain legal costs and a money judgment for rent arrears due at the date of the court hearing.

Landlord Advice - Which Route to Follow?

In making your choice between the two possession procedures, you should consider:

If the paperwork is correct, a problem tenant is unable to prevent you evicting them under the accelerated possession route

You cannot however use the s21 route to claim rent and obtain a debt order against the tenant.

You will not be able to obtain a possession order through the s8 route rent arrears ground if the rent arrears are paid (e.g by Housing Benefit) before the hearing date itself. This may be acceptable if you simply want the money, but unacceptable if you actually want the problem tenant evicted.

If getting possession is more important to you than being paid the rent, you may favour following the s21 route and waiting for the longer notice period to expire, as this guarantees that you will obtain a possession order.

This will also be the preferable course of action if there is a possibility that the tenant will raise a defence and counterclaim to the s8 route, on the basis that the property is in poor repair.

You will have to use the s8 route if the tenant is not paying rent and the tenancy still has several months or longer to run, as you cannot evict under the s21 route during a fixed term.

Landlord Advice on Problem Tenants

Part One: The Human Side of the Landlord Tenant Relationship
Part Two: The Relationship: Landlord and Tenant Law
Part Three: Obtaining an Accelerated Possession Order
Part Four: Obtaining a Possession Claim
Part Five: Enforcing Possession and Debt Orders