Serving S13 during eviction?

Eviction notice with keys and scattered coins highlighting rent arrears

by Readers Question

12:02 AM, 11th August 2023, 3 years ago 3

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Advice Landlord News Landlord News Landlords Questions Tenant Eviction

Hello, I hold a possession order and applied for a warrant on 20 June – nearly two months ago. No news at all from CC bailiffs. Emailed – no reply. At this rate, I have no idea when, if ever, eviction will occur.

Meanwhile, the rent hasn’t been increased since 2019 and is significantly below market.

Will serving S13 compromise the eviction process in any way i.e. tenants can’t use it to somehow to suggest I no longer want the property back?

Thanks,

Alex

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Tags: Eviction, possession order, Section 13, UK landlord advice

Comments

Shinh

Member Since July 2023 - Comments: 95

10:57 AM, 11th August 2023, About 3 years ago

I’ve done the same, my solicitor has not raised any issues with this as I used a s13 form 4 notice

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Judith Wordsworth Read Full Bio

Member Since January 2015 - Comments: 1450 - Articles: 1

12:12 PM, 12th August 2023, About 3 years ago

Ring the CC, the clerks are helpful and can tell you where you are in the system.

Many courts are 6 weeks, some less, some a lot more.

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Andrew

Member Since November 2019 - Comments: 6

8:31 PM, 13th August 2023, About 3 years ago

Do not serve a section 13 or any sort of notice that could be raised as a defence by your tenants. Why would you come this far and blow it? Judges do what they want to do.
There’s the chance that a judge would find that you have created a new periodic tenancy by serving section 13 even if the law says otherwise perhaps (to be honest i’m not sure), but i certainly wouldn’t risk it.
You can’t have your cake and eat it too. You either want your tenants out or you don’t. You’ll appreciate courts are a poo show.

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