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james bruce
james bruce, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 2733
Experience:  Owner at James Bruce Solicitors
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I am in a bit of situation with a tenant, we issued a

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I am in a bit of situation with a tenant, we issued a section 21 last year in September, the tenant failed to leave by the date, so we applied to the courts. Unfortuntely due to covid all section 21's claims were put on hold, however since then the situation has gone from bad to worse. Theproperty is being damaged, rent arrears are building up, we have been hit financially because of the tenant and to top it off we have been having complaints from the neighbours, who are an eldery couple. They have been suffering because of this tenant for several months now, they have been so stressed and this year
one has had heart surgery and the other a brain aneurism. They are both unwell and the tenant is really causing stress and disturbance from waking them up the middle of the night due to screaming and what sounds like things being broken through to, property damage and keeping the property in a horrible state.We have a section 21 in process and a claim has been submitted to the courts at the beginning of this year, its been over a year now since we started this process. I'd like some advice. What can be done. Also if we were to issue a section 8, would it affect the section 21 claim in process?Best

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Customer: replied 19 days ago.
Thank you James.

Courts are now dealing with possession orders, so you should contact the court dealing with you case and chase this alone to be dealt with.

If the rent arrears are now more than 6 minters you can serve a new s8 notice, that only has to give 4 eels notice to leave if arrears are 6 months long.

Customer: replied 19 days ago.
The tenant is a couple weeks away from being 6 months in arrears.If we do serve a section 8, will is affect the section 21 claim in process now?

It should make no difference. However as the s21 has already been started so you just need to tomato court for the possession side, I would suggest doing that. Otherwise the s8 option, you would have to wait until they are 6;monyths in arrears, then serve notice then still apply for possession. So quicker to use existing s21 application.

Customer: replied 19 days ago.
Hi James, with the greatest of respect, what do you mean by tomato court? Also the tenants are a couple of weeks from being 6 months in arrears. So i would serve a section 8 until that 6 months kick in.

Very sorry predictive typing.
that should be “go to court”

If you serve as8 now, you would have to give 6 months notice, but once they are 6 months in rent arrears you only need to serve 4 weeks notice.

Customer: replied 19 days ago.
No worries, i thought so, however had to ask. I will definitely wait for a couple of weeks for the 6 month arrears. I also will chase up the courts for the S21

good luck.
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