I’ve mentioned on here previously but unfortunately I’m having to give my tenant notice because I need to move into the house. She’s not done anything wrong, but I cannot avoid needing the house back unfortunately. The house was once my main residence before renting it out.
I’ve got everything in order to serve a Section 21 and can’t see any reason (going by the checklist online and legal advice I’ve been given) why the section 21 would be dismissed. However, I wondered whether I should also serve a section 8 on grounds 1 at the same time as serving the section 21 just to cover me if the section 21 fails for any reason as I believe section 8 grounds 1 is a mandatory possession ground.
Just thinking if I serve both at the same time, it would save me having to start the whole process again should the section 21 fail.
so did you fulfil the conditions for a S8 Ground 1 when the tenancy started?
“Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground… [and] the dwelling-house… was at some time occupied by the landlord as his only or principal home… [or] the landlord who is seeking possession or… their spouse or civil partner requires the dwelling-house as his or their only or principal home.”
Yes, the tenancy agreement has the following clause:
“Notice is given that possession might be recovered under Ground 1, Schedule 2 of the Housing Act 1988 if applicable. That is, that the Landlord used to live in the property as his or her main home or intends to occupy the Property as his or her only or main home.”
My understanding is that Section 8 in general takes longer because it requires a hearing whereas I can apply for accelerated section 21 and if successful, be granted possession in a matter of weeks from the S21 deadline.
Obviously, I’m hoping the tenant will move at the end of the notice period as she has indicated but you just never know so I want to make sure I have a clear plan of my next steps should she decide to not leave.
Just to add, the reason I am asking whether to serve both at the same time is because should the S21 be denied for any reason, I would have already served the S8 so then it’d just be a matter of waiting for a court date rather than going back to square one and having to issue notice again.
I’d serve both then cos it sounds like you don’t want to faff around. Only you know your tenant so only you know what impact getting not just one but two notices will have on her. Be prepared for things to go pear shaped if your relationship isn’t solid and think carefully about how you break the news to her. I’d be having a sit down with her at the property as I know all my tenants really well and they’ve all been great for years and years. I’d want to have given them as much notice as possible before they receive the paperwork.
@solong I think serving on both grounds makes perfect sense. It may well help that s8 ground1 gives you a real understandable reason you can explain to your tenant - that you need to move back in the property due to a change in your own circumstances.
Sorry if v obvious or already considered - may be worth considering giving them the option of signing a deed of surrender [or the tenant giving notice with a date you’ve both agreed] instead, rather than them being formally evicted, You might give a slightly longer date for that as an incentive to go down that route, and for yourself the mitigation is you no longer have the risk of the potential court costs bailiffs etc and hassle of evicting them. Tenants may also worry about ‘being evicted’ going on their record and being a hindrance to finding somewhere new. Remember there are likely to be ever growing backlogs in the courts at the moment as LLs exit ahead of RRA deadline on 1 may so a deed of surrender or tenant giving notice may be both more amicable, cheaper and quicker.