You appear to have all your ducks in a row, and knowledge of the S8 & S21 conditions, all your paperwork appears in order, so why do you need a solicitor, particularly if you’re strapped for cash.
The county court should help with the required documentation to submit an S8 and/or S21, the process of eviction with warrants etc. and they sometimes have legal assistance (volunteer solicitors) available for free advice, check this out. You’ve already done the right thing by writing to the tenant threatening a court process if no resolution within 14 days.
MCOL is not necessary if you go down the S8 route, the judge will issue a CCJ if you are successful.
Remember, even if you get possession and an award for the debt, you may still need to wait for a Warrant of Eviction, with extra costs, to physically get the tenant chucked out, and the debt may not be paid without a Warrant and even then, only if they have cash in an account or assets worth seizing to pay off the debt. If they are they employed, you can get an attachment of earnings which will further embarrass them. If you know they have money in the bank you can attach their account if you know their bank account details.
If you’re not concerned about recovering the debt, go straight for an S21, then they have no wriggle room to thwart you over the 2 months required period of unpaid rent on an S8, then an MCOL if you wish to pursue the debt later, but note the above para in that respect.
Good luck.
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I am unfortunately having trouble with my tenant. The tenant passed all the requirements but said she was living with parents so did not have a reference. In hindsight this should have made me wary but like you I felt she would be a good tenant she came across very friendly and capable. She paid the first month’s rent ok was late paying the second and has since not paid any more rent and has changed the locks. She moved into the property in January this year. I have instructed Landlord Action and they have issued Section 8 and Section 21 on my behalf - she has ignored these. The next step is court. Obviously this is a complete headache and I am completely out of pocket and not sure when I will get my property back. It has put me off ever renting out a property again as a tenant seems to be untouchable if something goes wrong.
Wishing you luck
Carol
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Thank you all so much. I didnt expect so much useful advice, it’s been incredibly helpful. I hope I can return the favour to someone else one day.
I’ll let you all know how it goes.
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Nearly every experienced Landlord has been there at some stage - we get better at avoiding it as we go along - but are never immune.
Personally I now issue a section 21 notice and at the first missed payment and a section 8 as soon as I legally can. I visit the tenant and say I will withdraw them if they agree and sign a repay ment agreement and they meet the payments but I advise them that any failure will mean I go to court - and they will end up with get another CCJ and an order to pay legal costs on top of missed rent.
I don’t take on any tenants with CCJ unless they have a squeaky clean guarantor who passes all referencing and who can pay their rent if they default.
You live and learn.
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