Section 21 Eviction Procedure
We will always advise you after looking at your case. In many cases we will serve both Section 8 and Section 21 notices at Step one,1 and then act with the one that’s going to work best as circumstances change later. Here are some key factors we look at: If the tenant has done nothing wrong, you can only use Section 21. If the tenant is persistently late with rent or owes more than two months’ rent, or has breached the tenancy in another way, you can use Section 8. However, sometimes even if the tenant has breached the tenancy, you might still be better off using Section 21, because possession is mandatory and it’s very difficult for the tenant to cause any delay in proceedings.
What we prefer about the Section 21 Eviction Procedure
The tenant cannot defend against this action. As long as the application is valid, possession must be granted and the tenant will be ordered to leave. Generally, possession is smoother in this paper-based process. There are a few cases where a court hearing will be required. We will advise you if this is likely. Even though rent arrears are not covered by this process you can, at any time within six years, make a separate claim for debt. If there are rent arrears, but the tenant does not have any assets or employment and there is no guarantor, we often recommend the Section 21 eviction process – you may never the recover the rent arrears, but you get the property back without a court hearing.