Should I go for a Section 8?

Only a judge can decide if the form is incorrect. It needs to be on Form 6A.

I’d reissue Section 21 on the correct form and ensure all paperwork is correct. Alternatively, I’d use Section 8 if rent is two months in arrears.p and aim to recover the unpaid rent and your costs.

Something to think about… When we were selling our rental properties (through a so-called specialist online agency for landlords who turned out to be a nightmare) their solicitors (a second nightmare) used both S8 and S21s on various properties. One thing to consider with the S8, which was not brought to our attention, is the tenant might struggle to find help or alternative private accommodation once rent arrears are thrown into the mix, which could delay things even more. Both were LONG processes and tenants were always advised (by the Council in our cases) to stay in the property until the very end
i.e. the bailiff’s appointment. We got the possession order under the S8 which included the rent arrears, but unsurprisingly she never paid either. She claims she might have left earlier if she had been able to get another property in the private sector. Just something to consider.

I’d serve both and let the tenant know that if you are forced to use the s8 rent arrears notice, it’s likely that the Council will regard them as intentionally homeless and theyll get no help with housing.

Reply to the comment left by DPT at 01/07/2025 – 11:45
Also, money claim online for arrears, which will result in a CCJ if not cleared, with all the credit implications that brings.

I did that, but the feckless tenant ended up in prison. His credit rating was far from his mind!

Reply to the comment left by DPT at 01/07/2025 – 11:45
The Council still told our tenant to remain until the Bailiff then provided them with emergency accommodation.

Reply to the comment left by HFJ at 01/07/2025 – 12:27
Was that with s21 or s8?

The S8 tenant was given emergency accommodation in a hotel some distance away (at least that’s what she told me – she never supplied the address as I’m guessing she didn’t want to be found due to the arrears). Between telling her we were selling and her finally leaving, she really made a mess of the house. She did miss out on a nearby private rental, no way of knowing if that was down to the S8 but highly likely. The S21 tenants were also all told to stay until the Bailiff appointment, but thankfully they all eventually made their own alternative arrangements, it still took months to sort though and we lost a sale on one of the properties due to that. One of them was told by the council that they would likely be given a place in a hotel but that it would not be local as there were no spaces.

Hope you have cancelled your membership which the organisation which I presume begins with N.

If needing an organisation to save you researching for the correct tenancy documentation and templates join Pims.co.uk.

Been in the PRS for + 3 decades and on the occasion I needed advice couldn’t have got better. Best £79 I’ve ever spent, and an allowable expense for that year.

Hi thanks for all the replies so grateful 🙏🏻so tenant still in house made no acknowledgment of rent arrears (£12,000)and climbing probs have to take that on the chin !!! we offered her disturbance money didn’t want it chose to hang on till council offer her the home of her dreams needs a eviction letter blah blah blah oh and she can’t find a house for £600 a month because that’s all she can afford ( always had rent direct to her and basically paid what she wanted was never the full rent and also kept a rent payment one month a year apparently it’s hers ???? So hoping this facade will soon be over I’ll keep you posted if that’s ok

If she’s on benefits you can apply for the rent to be paid direct to you due to the arrears. Was fairly straightforward the last time I did it, you might even be able to ask for some of the arrears to be paid too.