Should I go for a Section 8?

Should I go for a Section 8?

0:01 AM, 1st July 2025, About 2 weeks ago 8

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Hi all, I need a bit of advice? So, I’ve just had to cancel a order on a Section 21 because Shelter defended an incorrect 6a form that I used (I used a well known landlord site which I’m a member).

The tenant is also in rent arrears which we said we wouldn’t chase if we did a Section 21 and we gave her 5 months notice of our intention to sell (Nov 24), so in April we served her the 8 week notice.

The tenant sought advice and was told to stay until the bailiffs arrived.

Would we be best now going for a Section 8?

I am new to this – it’s the first time we’ve done this in 25 years being a LL.

Thanks,

Tracey


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Cider Drinker

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8:40 AM, 1st July 2025, About 2 weeks ago

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.

HFJ

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11:39 AM, 1st July 2025, About 2 weeks ago

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.

DPT

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11:45 AM, 1st July 2025, About 2 weeks ago

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.

NewYorkie

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12:06 PM, 1st July 2025, About 2 weeks ago

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!

HFJ

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12:27 PM, 1st July 2025, About 2 weeks ago

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.

DPT

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11:34 AM, 2nd July 2025, About 2 weeks ago

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

HFJ

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14:41 PM, 2nd July 2025, About 2 weeks ago

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.

Judith Wordsworth

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8:27 AM, 5th July 2025, About A week ago

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.

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