Section 21 versus section 8

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Karry G
Karry G
238 Posts
36 Thanks
Having just had a really rough time with a nightmare tenant, I just wanted to post a thank you to my solicitor who has guided me through the accelerated process with the net result that we got possession yesterday.

I would suggest to all landlords that much as though there may be many moral reasons for trying Section 8, the reality is that Legal Aid lawyers drive buses through any claim and the usual trick is to get an adjournment of proceedings quoting legal precedents for offset for (non existent) repairs and alleged landlord harassment and you will end up paying out lots of money to defend, often unsuccessfully , your moral high ground.

Don't go there - Legal Aid is committed to keeping dreadful tenants who owe thousands in arrears in private rentals and thus distressing landlords . I personally think it's immoral but it is however, legal.

The reality is for a quick possession, use Section 21 ( A or B depending on if it's a current or periodic tenancy) accelerated procedure,, usually heard without a hearing and then sue the tenant independently in the Small Claims Court for the arrears if there are any.

The legal system is geared against us - we have to know it inside out and avoid thousands defending Section 8's . Shorthold Tenancy Agreements are not worth the paper they are written on - beware.

21/01/2011 00:00

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