Section 8 Procedure

The Section 8 Procedure is an alternative to the Section 21 Procedure and can be used even when the fixed term of the tenancy has not expired. It will normally be most appropriate to use this where the tenant has broken a term of the tenancy agreement, i.e: to pay rent. Most evictions through the Section 8 Procedure route are due to non-payment of rent.

There are other grounds upon which a landlord can seek possession of the property by the Section 8 Procedure route, but not all of these are mandatory and they do give the court some discretion. For this reason a court hearing will be required and therefore the Section 8 Procedure route can be more costly than the Section 21 Procedure for landlords.

However, in the case where a tenant has failed to pay rent and 2 months arrears have accrued, the court will order possession and will also make a Judgment Debt Order in respect of the rent arrears. Whether this will be enforceable, is another matter, but it may be a possible way of obtaining possession and also recover the rent arrears, which is not something that the Section 21 Procedure can offer.

Let us advise you on the best way to obtain possession of your property and how to overcome any potential difficulties that may arise if deposits have not been deposited correctly.

For more information and free initial advice contact Katie Kearns or Gerard Davis on 02476 553181.