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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice.
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I need to evict a tenant from my property. The tenants shorthold

Customer Question

I need to evict a tenant from my property. The tenants shorthold tenancy agreement expired months ago. The main reason why I want her out is due to non-payment of monthly rent. She is a former council tenant on housing benefits. They have stopped her housing benefits and stopped paying her rent to me. The tenant is now proving very stubborn and un-coperative with me. I want her out of my property very quickly. I went to the County court today and obtained form N5B and N5. I have issued her a written eviction notice about 3 weeks ago. Please advise me. Do I need to complete a section 8 or 21 notice on her. I want her out of the property quickly as she is no more paying rent. How do I achieve this ?
Submitted: 5 years ago.
Category: Property Law
Expert:  Remus2004 replied 5 years ago.
Thank your for your question. I will try to help with this.

How much are the arrears?
Customer: replied 5 years ago.

About £800. Just one month rent. The council pays her rent (Housing benefits). They have stopped paying. They informed me of this in writing. I want her out very quickly

Expert:  Remus2004 replied 5 years ago.
To be wholly honest, its really much of a muchness.

You can serve a S21 notice at any time. She is on a periodic tenancy agreement which you can end by giving her 2 months notice on or before the rent date.

The S21 route will get her out of the property just as fast as using S8.

However, if you also want money compensation for the arrears then you will also need to serve a S8 notice complaining of grounds 10 and 11.

If she goes upon the date possession is required from her then you would have to sue her at the small claims court for the outstanding arrears. If you do have to go to court to evict her though then you will get money compensation for the arrears as long as you've serve a S8 notice upon her.

Neither notice will get you into court faster than the other really but they do different things.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.