Going Through The Possession Process In 2021

What can you do about tenants not paying? David shares his current journey serving a Section 8 notice and the ensuing process leading to a court hearing. Currently, the government have made it challenging for landlords who have tenants who just won’t pay and there is great advice in this episode on the Section 8 process with practical tips and clear content on exactly what to expect throughout the process including understanding the time it takes to compile the required documentation.   KEY TAKEAWAYS The government have hamstrung us and closed off many avenues You can serve a Section 8 notice and go through the court process. You can’t do anything until the tenant has accrued substantial arrears which is usually 6 months or more. With Section 8 you get possession and the judge has very little discretion if you can prove the tenant is more than 6 months in arrears, they have to give possession. You get both possession and a money order for the amount outstanding and a daily rate that is in force from the date of court to the date of possession. With substantial arrears, you can make an application to the court The court can request documentation to be with them a minimum of 14 days before the hearing. Requested documentation has to be sent both by post and electronically to the tenant. Documentation required by the court includes particulars of the claim, tenancy agreement, payment history, a statement of information about the defendants’ situation ( the tenant’s ability to pay and a statement about the effect of Covid on the defendant and their dependants. Tenants can have their own legal representation or use the legal representation available at court on the day   BEST MOMENTS ‘The initial review is to decide when the full hearing will take place’ ‘It is a significant intellectual exercise’ ‘I’m on the journey now, but it’s not resolved yet’   VALUABLE RESOURCES  Property Sourcing Profits Podcast https://www.progressiveproperty.co.uk/ https://unlimited-success.co.uk/ https://www.facebook.com/groups/progressivepropertycommunity/ Property Investors podcast   ABOUT THE HOST David is a property expert with over 25 years’ experience and his own portfolio of 26 units. His current rent roll is in excess of £10k per month. He is also a partner in a Deal Sourcing and Packaging business in the North West of England and has sourced over 250 properties for investors since 2004. In recent years he has, by necessity, had to develop an expertise in LHA strategies. This area is increasingly becoming a niche for him, and he enjoys empowering other landlords by sharing the knowledge he has gained. The ultimate purpose when sourcing properties in this sector for investors is to minimise risk while maximising profit. He has had to find answers to the challenges of Tenant Find, Management, ensuring rents are paid and the transition to Universal Credit. These are strategies he uses in his own business and also on behalf of investors. His investor clients regularly achieve annual gross yields of over 20% with high occupancy rates and voids resolved, sometimes within hours.   CONTACT METHOD https://www.linkedin.com/in/david-siegler-7b126316/ https://www.facebook.com/DavidSieglerInvestments/