Defect in LZ advice re s.8 Notice (obsolete text of section)

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    Defect in LZ advice re s.8 Notice (obsolete text of section)

    Hi all,

    Posting this in case it helps other people avoid a problem:

    A solicitor I was speaking today raised a possible issue with a section 8 notice I'd filled in following the advice from the landlordzone forms (Section8Notice.pdf, servingS8.pdf).

    The problem he raised was with my insertion for the wording of the ground 8 clause; specifically I'd used "if rent is payable monthly, at least three months' rent is unpaid", whereas he/I believe this clause was modified by the 1996 Act to 2 months. (similarily 13 weeks -> 8 weeks for rent payable weekly rent.)

    The apparently erroneous text appears at the bottom of page 2 of servingS8.pdf, and the last but one paragraph on page 1 could perhaps be reworded to mention that ground 8 was modified by the 1996 act.

    [Due to this, he advised that it would be safest to reissue the section 8 and wait another 2 weeks before submitting the claim to the court.]

    #2
    Yes- the Housing Act 1988's original reference to 'three months' became 'two months' under the Housng Act 1996, as from early 1997.

    Who issued the Notice and in reliance on which specific form? Did you look at the legislation itself and, if so, where?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Originally posted by jeffrey View Post
      Who issued the Notice and in reliance on which specific form?
      I issued the notice.

      I used the form here:

      http://www.landlordzone.co.uk/member...ion8Notice.pdf

      Did you look at the legislation itself and, if so, where?
      Yes, I looked at the 1988 act ( http://www.legislation.gov.uk/acts/a..._19880050_en_1 ), as referenced from page 2 of:

      http://www.landlordzone.co.uk/member...=servingS8.pdf

      Comment


        #4
        Oh dear. That's the original (unamended) text.
        Always use the usually up-to-date text site for all legislation (http://www.statutelaw.gov.uk/Home.aspx).
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          i have today spoken to LLZ owners - who are currently redoing many forms - now would be a good time to draw this to their attention - they were very keen to incorporate some of my own suggestions

          twentwistle [at] btinternet.com is the email address to use
          Last edited by Editor; 20-07-2009, 20:27 PM.

          Comment


            #6
            Thanks all; I've emailed the above address to let them know.

            Comment


              #7
              Section 8 - Rent arrears

              Many thanks for letting us know - we were not aware of this.
              This was a direct copy from the 1988 Housing Act which unfortunately did not have the amendments made to paras a & b by the 1996 Act.
              However, the correct information was included in the text of the guide so alarm bells should have rung for anyone reading the entire guide.
              The guide has now been up-dated.

              Comment

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