Section 8 on clause 13 - damages

I have a tenant whose guest destroyed the patio door at 4am to gain entry and sleep there with his partner and child.
The tenant who was not there told me he knew about it and would get it fixed in 4 days.
This has not happened and the house remains unsecure.
I plan to issue a section8 eviction notice based on damages, but once issued the tenant may fix the door, will this stop the section 8 from proceeding and being successful.
Damage has been done, but if repaired ?

1 Like

Use s21 to get rid of tenant and try to recover the money from the tenants deposit, but the scheme may refuse. Have you notified the police?


I have notified the Police who are trying to contact the tenant.
It is up to the tenant whether or not it becomes a criminal matter.
CSI won’t go in unless authorised by the tenant.
In this case I’ve decided to issue a section 8 and a section 21, but Ill issue the section 8 first as this might prompt the repair if not all well I will proceed with that.
But before doing that I told the tenant to fix in 7 days. I suspect it won’t be fixed by then so Ill issue the eviction notices then whether its fixed or not.

1 Like

What grounds are you using for s8?

Ground 11 repeated late payments and 13 damaged property

Get BlueMail for Android

Yes Ive notified the Police, Im thinking a section 8 to start with and then a section 21 as well, but a little later.

See what the reaction is

Get BlueMail for Android

Both of those s8 grounds are discretionary and your very unlikely to get possession based on them. I would use s21.

1 Like

Thank you

How does it work if a section 8 and a section 21 are issued together.

It tells the tenant why you are evicting and the tenant may get out in the 14days.

But I understand a possession order is required for either which costs £325?

Get BlueMail for Android

I doubt the tenant will leave in 14 days. It takes much longer to arrange something else in most cases. I suggest issuing both.