Section 8 Eviction Procedure
What we prefer about the Section 8 Eviction Procedure
If there are large rent arrears and the tenant has the means to pay or there is a guarantor, Section 8 is the obvious choice. It can save you from serious financial loss. As long as we are confident that we can prove the tenant’s breach of tenancy under at least one of the mandatory grounds, the court is compelled to grant our landlord possession. If the landlord hasn’t fully complied with the deposit scheme legislation, Section 8 is easier to use than Section 21. It’s also useful to use Section 8 if there is still a long period until the end of the tenancy.
Disadvantages to consider
If you have not fully complied with the deposit scheme legislation you cannot use Section 21 at all unless you take some remedial steps first.
Under Section 8, when the court gives you a money order against the tenant, you still have to act on the order to recover the money from the tenant and often you will have no success, or it will be too costly to pursue.
Under Section 8 the tenant can put in a defence. Even if the tenant lies, their defence can force an adjournment and delay proceedings. However, in all our years’ experience, we have not seen many Section 8 cases go beyond a second hearing.
Under Section 8, if you lose you may have the tenant’s legal costs awarded against you.