Section 8 Notice Help
Discussion
For any landlords, I need to submit a section 8 form today (rent is over 2 months late) and there's a box in form that says...
Give the full text (as set out in the Housing Act 1988 (as amended) of each ground which is being relied on. Continue on a separate sheet if necessary.
Does this mean I have to cut and paste the section 8 part of the Housing Act 1988 and stick it on?
Any help would be most appreciated!
Give the full text (as set out in the Housing Act 1988 (as amended) of each ground which is being relied on. Continue on a separate sheet if necessary.
Does this mean I have to cut and paste the section 8 part of the Housing Act 1988 and stick it on?
Any help would be most appreciated!
zedstar said:
For any landlords, I need to submit a section 8 form today (rent is over 2 months late) and there's a box in form that says...
Give the full text (as set out in the Housing Act 1988 (as amended) of each ground which is being relied on. Continue on a separate sheet if necessary.
Does this mean I have to cut and paste the section 8 part of the Housing Act 1988 and stick it on?
Any help would be most appreciated!
You are doing this DIY??? seriously ???Give the full text (as set out in the Housing Act 1988 (as amended) of each ground which is being relied on. Continue on a separate sheet if necessary.
Does this mean I have to cut and paste the section 8 part of the Housing Act 1988 and stick it on?
Any help would be most appreciated!
In the box you would normally put grounds 8, 10 and 11 if there are rent arrears of some type and then attach a summary on separate sheet of what 8, 10 and 11 says. These grounds are for late rent/persistent late/arrears at date of issue. I hope you have all your ducks lined up in order.
The form s8 is a prescribed form - make sure you use the latest version but it would generally be better to get your letting agent to do this or a solicitor.
Exactly. Section 8 has 17 grounds. No way the OP will be using all of them.
zedstar said:
Give the full text (as set out in the Housing Act 1988 (as amended) of each ground which is being relied on.
https://www.rla.org.uk/documents/download.shtml?pi...Beware of a common trick by tenants facing a section 8 - waiting till the very last minute, sometimes the day of the hearing, and then paying some of the rent arrears leaving just 7 weeks' rent outstanding at the time of the hearing.
This means the claim will be dismissed, and you'll have to start all over again.
Generally it's safer to use a section 21 and sue separately for the rent (though you'll probably never see any of it either way).
This means the claim will be dismissed, and you'll have to start all over again.
Generally it's safer to use a section 21 and sue separately for the rent (though you'll probably never see any of it either way).
If a landlord's priority is just to obtain possession of the rental property, and is assured that the tenant/s has received at the start of the tenancy the prescribed information, as legislated for under the Deregulation Act 2015, then the Section 21 (6a) should be the landlord's preferred Notice. If however the landlord is uncertain that the prescribed information has been served correctly, or the landlord's priority is to recover just the rental arrears, and/or possession of the rental property, then a Section 8 Notice should be used by the landlord.
When using a Section 8 Notice, there are both mandatory and non mandatory grounds, with grounds 1-8 being the former, and if the landlord satisfies the court that the ground applies, then the court should give the landlord possession.
Its been many years since i last served any of the above two Notices on any of my tenants, and I still have tenants that I served a section 8 Notice for rent arrears, section 8 after all is just a Notice, advising the tenant/s if the rental arrears are not reduced or removed, then legal proceedings for possession will commence.
Grounds 1 – 8 of a section 8 are mandatory which means that if the landlord satisfies the court that the ground applies, then the court should issue the landlord with a possession order. The remaining grounds are discretionary, which means it is within the court’s discretion to issue the landlord with a possession order.
If using a section 8 Notice and ground 8 for 2 months rental arrears, then ground 10 and 11 should also be used, also be aware that if using different grounds , some grounds will have different notice periods, which will overrule the notice period of other grounds. Grounds 8, 10 & 11 are 2 weeks Notice period, whereas some of the other grounds are subject to a 2 months Notice period.
When using a Section 8 Notice, there are both mandatory and non mandatory grounds, with grounds 1-8 being the former, and if the landlord satisfies the court that the ground applies, then the court should give the landlord possession.
Its been many years since i last served any of the above two Notices on any of my tenants, and I still have tenants that I served a section 8 Notice for rent arrears, section 8 after all is just a Notice, advising the tenant/s if the rental arrears are not reduced or removed, then legal proceedings for possession will commence.
Grounds 1 – 8 of a section 8 are mandatory which means that if the landlord satisfies the court that the ground applies, then the court should issue the landlord with a possession order. The remaining grounds are discretionary, which means it is within the court’s discretion to issue the landlord with a possession order.
If using a section 8 Notice and ground 8 for 2 months rental arrears, then ground 10 and 11 should also be used, also be aware that if using different grounds , some grounds will have different notice periods, which will overrule the notice period of other grounds. Grounds 8, 10 & 11 are 2 weeks Notice period, whereas some of the other grounds are subject to a 2 months Notice period.
You have three courses of action
1/ DIY if you know what you're doing. With all due respect, you don't
2/ DIY and speak to your landlords association for advise in doing so
3/ pay one of the professionals to do it
As someone has already mention, if serving a S8 be careful as rent can be reduced, so serve a S21 at the same time
Good luck
1/ DIY if you know what you're doing. With all due respect, you don't
2/ DIY and speak to your landlords association for advise in doing so
3/ pay one of the professionals to do it
As someone has already mention, if serving a S8 be careful as rent can be reduced, so serve a S21 at the same time
Good luck
Thanks for the pointers everyone.
I actually had a call from the councils homeless team this week, they were of the opinion that the notice I served was correct (FWIW) but they asked if there was anything the tenant could do to protect the tenancy.
'Pay the rent' i said.
The council rep seemed at a loss for words at this point and said he would get back to the tenant and get back to me if needed.
I actually had a call from the councils homeless team this week, they were of the opinion that the notice I served was correct (FWIW) but they asked if there was anything the tenant could do to protect the tenancy.
'Pay the rent' i said.
The council rep seemed at a loss for words at this point and said he would get back to the tenant and get back to me if needed.
Gets more and more fun, I found out that there was a universal credit claim on the house.
When I tried to put a claim in for the rent to be paid directly they wouldn't approve it as the tenant had put some other name as the landlord. Even after I scanned in the original signed tenancy agreement they still didn't want to get involved. Eventually after lots of phone calls they agreed to get the housing portion paid directly to me.
I now have a letter from the council about 'essential repairs' that need to be carried out!
When I tried to put a claim in for the rent to be paid directly they wouldn't approve it as the tenant had put some other name as the landlord. Even after I scanned in the original signed tenancy agreement they still didn't want to get involved. Eventually after lots of phone calls they agreed to get the housing portion paid directly to me.
I now have a letter from the council about 'essential repairs' that need to be carried out!
And I lost the court proceedings...
My tenant was represented by Shelter, who came along to point out as many errors as they could. They were all rather petty and dismissed by the judge, however one stood out and that was that I had personally wrote the expiry of the notice as a certain date, which was fine - but noticed was served by me going onto PCOL on THAT day, rather than waiting for the next day. Case dismissed.
Pants.
Anyway i'll serve another S8 notice tomorrow and start the process again. Also got a concurrent S21 running so i'll start that off when it expires too.
On the positive side I am getting some of the rent at least now from universal credit and i've decided to start the remedial works due to the house as soon as I can. I may aswell do the initial rip out whilst the tenants in and paying the bills.
My tenant was represented by Shelter, who came along to point out as many errors as they could. They were all rather petty and dismissed by the judge, however one stood out and that was that I had personally wrote the expiry of the notice as a certain date, which was fine - but noticed was served by me going onto PCOL on THAT day, rather than waiting for the next day. Case dismissed.
Pants.
Anyway i'll serve another S8 notice tomorrow and start the process again. Also got a concurrent S21 running so i'll start that off when it expires too.
On the positive side I am getting some of the rent at least now from universal credit and i've decided to start the remedial works due to the house as soon as I can. I may aswell do the initial rip out whilst the tenants in and paying the bills.
zedstar said:
And I lost the court proceedings...
My tenant was represented by Shelter, who came along to point out as many errors as they could. They were all rather petty and dismissed by the judge, however one stood out and that was that I had personally wrote the expiry of the notice as a certain date, which was fine - but noticed was served by me going onto PCOL on THAT day, rather than waiting for the next day. Case dismissed.
Pants.
Anyway i'll serve another S8 notice tomorrow and start the process again. Also got a concurrent S21 running so i'll start that off when it expires too.
On the positive side I am getting some of the rent at least now from universal credit and i've decided to start the remedial works due to the house as soon as I can. I may aswell do the initial rip out whilst the tenants in and paying the bills.
but that's basic stuff which is why if you don't know what you are doing is not to DIY it.My tenant was represented by Shelter, who came along to point out as many errors as they could. They were all rather petty and dismissed by the judge, however one stood out and that was that I had personally wrote the expiry of the notice as a certain date, which was fine - but noticed was served by me going onto PCOL on THAT day, rather than waiting for the next day. Case dismissed.
Pants.
Anyway i'll serve another S8 notice tomorrow and start the process again. Also got a concurrent S21 running so i'll start that off when it expires too.
On the positive side I am getting some of the rent at least now from universal credit and i've decided to start the remedial works due to the house as soon as I can. I may aswell do the initial rip out whilst the tenants in and paying the bills.
the s21 may be invalid if the tenant has complained of the works needed and the council become involved as well as shelter? Have you had an improvement notice?
A Section 21 Notice may be invalid, if the same is served by a LL/agent on a tenant/s following a local council authority serving on a LL, either an improvement notice and/or an emergency remedial action notice. However the Section 21 is not invalid, if the local authority serves those same notices on the tenant's AFTER the Section 21 has been served.
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