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.