Here is a blog clinic question from David:
I have heard that it is possible to launch a possession claim based on BOTH section 21 (non-accelerated) and section 8. I presume one would use N5 and N119 and pay a single £175 fee? Can you comment on the viability of such a claim?
(BTW – this is hypothetical – so don’t ask which grounds for s8 – assume 8,10 & 11)
Yes, you can certainly do this. I have done it several times. It is a good idea if you are not entirely certain whether your section 8 case will stand up, as you will have ‘two strings to your bow’. For example if your tenant is in arrears of two months and you are concerned that they will seek to make up some fictitious defence to the rent arrears claim (perhaps relating to the condition of the property) in order to delay things.
The Judge can then make the possession order under section 21 and adjourn the hearing for the defended claim.
You can also do this if you cannot use the accelerated procedure for some reason, perhaps if there is no tenancy agreement, and the tenant is in arrears of rent. Then you will get your possession order and a CCJ for the rent arrears as well.
However if you have a section 21 ground available (and it is well founded) I would always recommend using the accelerated procedure. It is more straightforward and generally the procedure is a bit quicker (although not as quick as its name implies). Plus there is no defence to a properly made out claim and therefore less opportunity for the defendants to delay things.
The forms will be the same as those used for a straight claim under a section 21 notice, as will the court fee. I don’t think however that you will be able to use the possession claims online service.
Dear Tessa
On your point about using the PCOL procedure, it’s correct that there is no way to include a s21 Claim when issuing PCOL. But I have often issued proceedings under PCOL on just the s8 Notice but then prepared an amended Claim Form to incorporate a s21 Claim straight away. That can be served on the tenant as soon as you have prepared it (there is no need to get leave to amend a claim form prior to service of the original claim form) and then, as belt & braces and only if necessary, asked the DJ to give retrospective leave for the amendment at the hearing.
The advantage of doing it this way is that you can take advantage of th equicker possession hearing using the PCOL procedure
Kind regards
Simon