Section 8 14 days Notice

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    Section 8 14 days Notice

    Hello
    I'm sending my tenant a Section 8 14 days’ notice, as he’s over 2 months in arrears.
    I'd like to send a letter with this notice.
    Am I right in assuming that after the PCOL is actioned and the judge makes a judge against the tenant for rent arrears that they will receive a CCJ (County Court Judgement) on their name?
    How would this adversely affect them going forward. Could their future employer find out?
    Let me know other adverse things that may arise from the CCJ, so I can include these details in the letter.
    If the tenant knows all the negative effects of such a claim, it may induce them to pay, so we can avoid drawn eviction action and legal costs.
    Thank you.
    Emily

    #2
    Send the letter separately from the notice IIWY. You don't want to 'mitigate' the notice in any way.

    Comment


      #3
      A CCJ is only created if the tenant doesn't pay and you apply to the court for this to happen.
      It doesn't happen automatically.

      The cost of the court fee and the Bailiffs will be added to what they owe.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        When you complete the online claim form, using PCOL, you indicate whether you are seeking a money judgment as well as possession - and I can't think why you wouldn't, so on the assumption that your application is successful at hearing, you get a CCJ for not just the rent arrears specified on your notice, but also for any additional rent due by the hearing date, and for a daily charge for future rent until possession is enforced.

        However, judgments made for rent arrears in these circumastance do NOT get entered into the register of outstanding judgments - so they have little deterrent effect, as third parties will not be able to find out about them. The judgment will only be registered if you take additional enforcement steps - which seems very unfair. The alternative is to issue proceedings through MCOL, but your full debt won't be known until after eviction, but you could sue, now, for just the current arrears if you wanted to.

        Comment


          #5
          Why is it 'unfair' to register a CCJ for rent arrears?
          It will make it difficult for the recipient open a further credit account and will maybe alert future LLs .

          Comment


            #6
            mariner,

            You misunderstand: I'm complaining that the CCJ doesn't get registered. Personally, I think summary execution would be more satisfying than execution against goods, but that's just me.

            Comment


              #7
              Originally posted by StuartH View Post
              The alternative is to issue proceedings through MCOL, but your full debt won't be known until after eviction, but you could sue, now, for just the current arrears if you wanted to.
              Can you use MCOL even if there is a section 8 issued, that hasn't gone to court. Do you know what covers Pre action and protocols in relation to MCOL I have already issued a letter re rent arrears and spoken to the tenant. Would that cover Pre Action?

              Comment


                #8
                MCOL and section 8 are independent, but you can't claim the same money under both processes.

                You need to have confirmed formally (probably in writing) that there are specific arrears (at a value and any likely future increase), that it must be paid by a date (normally a couple of weeks) after which you reserve the right to take legal action without further notice.

                If your previous letter meets that requirement, no further action is required.

                You may have an issue with the process if you've indicated that you intend to claim the arrears as part of the repossession process.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment

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