14:44 PM, 3rd March 2015, About 8 years ago 20
Can a judge grant a possession order using mandatory grounds 8, 10 and 11 under a Section 8 Eviction without making an order for monies?
If so this could be a very effective way to evict tenants who don’t pay the rent.
In my experience, when trying to evict a tenant using a Section 8 a lot of the time the tenant tries to mount a counterclaim, normally with the help of the Citizens Advice Bureau.
This counterclaim response completely undermines the Section 8 Eviction process and causes massive delays in a evicting a tenant who is already not paying the rent.
With the looming amendments to the Deregulation bill and the fact that Section 21 Accelerated Possession claims will soon be much harder to enforce I wonder whether it would be possible to evict a tenant using a Section 8 but without a judgement for monies.
Any monies owed would still be chased in the small claims court but the counterclaim would be rendered ineffective because there is nothing to claim against without the judgement for monies.