Section 8 notice to quit questions
Discussion
There's a good chance I'm going to have to issue a Section 8 to the tenants in a flat I rent out in about 2 weeks due to rent arrears and then chase them through the courts for the money. For those who have done similar in the past, I have a couple of questions:
1) have you attached a covering letter to the Section 8 notice clarifying that if they don't pay by date XYZ legal action starts?
2) if they pay the arrears before the legal action starts and then just up and leave, does that legally end the tenancy? Or are they still liable for the rest of the rent if it's before the minimum term is up?
1) have you attached a covering letter to the Section 8 notice clarifying that if they don't pay by date XYZ legal action starts?
2) if they pay the arrears before the legal action starts and then just up and leave, does that legally end the tenancy? Or are they still liable for the rest of the rent if it's before the minimum term is up?
1) no need for a covering letter.
2) if they get within 2 rental periods of arrears, then they section 8 is invalid. However, if they then leave they are breaking their tenancy anyway and are responsible for the remainder of the rent.
I'm guessing that they are within an AST period? If not, I would issue a Section 21 as well. If they are outside of the AST period - and provided the Section 21 has been filled out correctly - the court will evict based on that alone.
2) if they get within 2 rental periods of arrears, then they section 8 is invalid. However, if they then leave they are breaking their tenancy anyway and are responsible for the remainder of the rent.
I'm guessing that they are within an AST period? If not, I would issue a Section 21 as well. If they are outside of the AST period - and provided the Section 21 has been filled out correctly - the court will evict based on that alone.
Thanks for the info. I've been advised in my other thread in the Business forum that I should also issue a section 21 as a backup which sounds like a good idea.
Question (for those in the know): given that the averarage timescales for getting them out with section 8 are basically the same as with a section 21 in my situation(+++)....is it worth even bothering with the S8? Would it be better to issue the S21 then just file a regular money claim with the court for the unpaid rent? It would seem that that way I could go after the money they owe sooner than with a S8.
+++= for S8 court action could only commence at the end of Nov (2 weeks or so after they go into 2 months arrears), then say 6 weeks for it to go to court, plus another 4 weeks notice before they have to leave takes us to mid-Jan at the earliest, whereas my section 21 would have them out in early Feb
Question (for those in the know): given that the averarage timescales for getting them out with section 8 are basically the same as with a section 21 in my situation(+++)....is it worth even bothering with the S8? Would it be better to issue the S21 then just file a regular money claim with the court for the unpaid rent? It would seem that that way I could go after the money they owe sooner than with a S8.
+++= for S8 court action could only commence at the end of Nov (2 weeks or so after they go into 2 months arrears), then say 6 weeks for it to go to court, plus another 4 weeks notice before they have to leave takes us to mid-Jan at the earliest, whereas my section 21 would have them out in early Feb
The key difference is that a S21 is rock-solid if correctly issued - the court must award you posession.
The S8 is discretionary, and if they're smart they'll pay down arrears to bu just inside 2 months - so your S8 is no longer valid.
So definitely issue an S21 at the first opportunity, and make absolutely sure that you've got all is dotted and ts crossed.
The S8 is discretionary, and if they're smart they'll pay down arrears to bu just inside 2 months - so your S8 is no longer valid.
So definitely issue an S21 at the first opportunity, and make absolutely sure that you've got all is dotted and ts crossed.
Get a CCJ and escalate to the High Court and send in the Sheriffs to recover your money. I'd think it's very important to make sure you know where they are going when they leave. If you can't find them how can you sue them? So get someone to follow them the day they move out as I doubt they'll voluntarily leave a forwarding address. Might pay you to find out if you don't know already where they work so again if you need to you could follow them back.
elanfan said:
Get a CCJ and escalate to the High Court and send in the Sheriffs to recover your money. I'd think it's very important to make sure you know where they are going when they leave. If you can't find them how can you sue them? So get someone to follow them the day they move out as I doubt they'll voluntarily leave a forwarding address. Might pay you to find out if you don't know already where they work so again if you need to you could follow them back.
Just to confirm, you suggest getting a CCJ separate to the S8, even though in theory the S8 should give me a judgement on the unpaid rent as well?Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff