Should I go for a Section 8?

Reply to the comment left by Stressed landlord at 27/08/2025 – 07:05
Is there a reason why you can’t keep going with both? When you say the S21 “ends” on the 11th September, do you mean that’s the date they ought to be out by (2 months)? If that’s the case, you still then have to apply for a possession order – another long wait. If you already have a court date for the S8, can’t you just let it go ahead and see what happens? From what you’ve said, you have applied on mandatory grounds ie more than 2 months arrears, and given the amounts you’ve quoted, it’s unlikely they are going to suddenly stump up a payment before the court case that would bring the arrears below 2 months. All being well, if you can prove the legal grounds under S8 (the arrears) then the court should grant possession. Of course, the tenant could try to dispute it, if only to delay things, but they also might not dispute it, in which case you could be granted possession from the first hearing. While you are waiting for the S8 court case I can see no reason for you to take the S21 to the next stage once it “ends”, ie apply for the possession order. Or, you could even wait a couple of weeks to see what happens at the S8 hearing before progressing with the S21. I suppose it depends on what it is that is putting you off doing both – cost? Time? etc. The S21 could be a good back up plan to the S8 if it gets challenged by the tenant, especially as you are not concerned about going after the arrears.

Reply to the comment left by HFJ at 27/08/2025 – 10:56
What would be the advantage of continuing with the s8 when you have a s21 ready to go? I went with a s8 and even after 12 months, my tenant failed to turn up at court due to ‘health issues’, which added yet more months of zero rent and incredible stress. Surely, isn’t it best to continue with the S21 if it can’t be challenged. Or, am I missing something?

It isn’t clear from her post just how “ready to go” the S21 is. If by the “end” of the S21 she means the end of the required notice period (eg 2 months) she still has to apply for a possession order. Depending on backlogs, that could still take a few months. By way of example, with one property, I applied for a S21 possession order on the 26/6/24 which was not processed (payment taken) until 05/08/24. The tenant made a last minute defence application which was a request for an extension if possession was granted. Because of that, the Judge ordered a hearing on 23/10/24. A Judge can allow an extension of between 2 and 6 weeks. This particular tenant was a really good one so we agreed the max extension. So we were granted the possession order with a date for her to vacate by 28/11/24. She still had not secured council accommodation by then so we were heading towards the next stage of applying for a warrant of possession. So that was 5 months and we still didn’t have the house back on the S21 (it would have only been 4 weeks less if we hadn’t agreed to the maximum extension). If there is already a court date listed for the S8, there is still the possibility (depending on the tenant of course) that possession could be granted on that date. If the tenant does not cause any other delays, then the process follows the same route as the S21 ie if the tenant does not leave (which they probably won’t) she will have to apply for a warrant of possession. But she will already be a few weeks ahead under this S8 route and will only have paid one application fee so far. I have read that some landlords do apply for both – the S8 to try and get the arrears back and the S21 to get the property back. As i said, it’s not clear just what stage she is at with the S21. I don’t understand why cancelling the S8 at this late stage would be useful, unless it’s ME that is missing something?

Reply to the comment left by HFJ at 27/08/2025 – 14:34
Sorry don’t mean to confuse you I’ll just wait till end September for court date av waited this long it will be a year soon this all started so what’s another month in the life of a landlord😩sorry av also got confused over sec 21 date also 😔

Reply to the comment left by Stressed landlord at 27/08/2025 – 16:22Nothing to stop you carrying on with the S21 after the S8 court date (if it doesn’t go your way). But it might save you the cost of the next stage of the S21 for the sake of waiting another month given you have already forked out for the S8 process. You have 6 months from the date you served the S21 notice to apply for the possession order. But of course, it is up to you at the end of the day…. I do hope you let us all know how it goes though!

Reply to the comment left by HFJ at 27/08/2025 – 17:11
I will !! and again thank you

Morning so my sec8 rent arreas is on Monday tenant has now decided late fri afternoon to put in a defence via SHELTER her defence is we had a oral agreement (news to me) surely she would need proof of such agreement? and evicting her would cause her 19 year old daughter in 2 nd year of sixth form would cause her education to suffer or words to that effect but daughter lives with dad .!!! So please if any other landlord has encountered this let me know how it went thanks

You would hope the judge would see straight through this nonsense at such a late stage. Regardless, S8 rent arrears is mandatory, and shelter would know that. Also, there are no 19 year olds in 6th form, let alone the start of second year.

Well fingers crossed he doesn’t except the late defence which also isn’t on a N11R form

Reply to the comment left by Stressed landlord at 27/09/2025 – 11:41
Keeping everything crossed for you.