Section 8 notice served, what next

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Section 8 notice served, what next

    Hi section 8 notice was served for rent arrears last wk, it doesn’t look like the tenant is going to pay , my question is what should I do next to prepare me for the court as I never been.

    I ve seen the post before abt the tenant may defend for disrepair, the house in fairly good condition as far as I know, and she has not reported any serious problem. I wonder what type of disrepair issue will make the defence successful. Do I need to come in now to do a inspection ? Will she intentionally damage the house in order to have “an issue” after my inspection? Sorry I m all new to this but would appreciate more information on this.

    #2
    I would suggest you give notice that you want to do an inspection and if the tenant doesn't prevent your access, take an independent witness and/or lots of photos of the condition of the property to use in your defence.

    Comment


      #3
      thanks that's really helpful, so does it mean her defense will be invalid if she damage the house after inspection?

      Comment


        #4
        Use s21 if possible IIWY.

        Comment


          #5
          It is 6 months contract and now is only into 2nd months

          Comment


            #6
            Hi - I attended court a few weeks ago, we used several grounds in the section 8, the mandatory one being the rent arrears, they didnt put a defence in, show up or pay so the judge just asked for proof I had served the section 8 (proof of postage receipts from the PO) and an up to date rent statement so he could work out how much they owed, as they didnt show it was over in 15 minutes. The judge didnt even look at the other grounds we had cited as he issued it on the rent arrears alone. It was quite nerve wracking as Id never been to court for anything before but it was fine, just be prepared. The judge gave them 14 days to vacate the property (my case is a little more complex) then after which if they didnt leave we had to apply to the court bailiffs to remove them (another form and fee). Thankfully he left on the last day and we have now had all locks changed and back in possession of the property. Ensure you show up to court, I had to travel all the way from the US as I couldnt take the risk of them showing up and my not being there. Good luck!!

            Comment


              #7
              Muzza,

              Thx for sharing , really appreciate

              Comment


                #8
                I have served a section 8 and 21 to my tenant for non payment of rent. She has acknowledged receipt of it but not heard anything since. The section 8 date has not been reached yet. Should I chase her to see if she intends to pay or not?

                Comment


                  #9
                  I wouldn't. You might get accusations of harassment. BTW, start your own thread.

                  Comment


                    #10
                    Originally posted by lakemk View Post
                    I ve seen the post before abt the tenant may defend for disrepair, the house in fairly good condition as far as I know, and she has not reported any serious problem. I wonder what type of disrepair issue will make the defence successful. Do I need to come in now to do a inspection ? Will she intentionally damage the house in order to have “an issue” after my inspection? Sorry I m all new to this but would appreciate more information on this.
                    Disrepair applies when the tenant had reported something to you and you decided to evict them in retaliation. It's not something he can make up now.
                    He would have had to report it to you in writing and you would have had to respond within 14 days.

                    If I remember rightly, disrepair in fact might only count if it's something the Council would serve improvement notice for - but I doubt we need this much detail here.

                    Comment


                      #11
                      That's broadly correct for a defence of retaliatory eviction against a s21 notice.

                      The tenant can claim disrepair as a defence to a section 8 notice at the hearing, for the first time, without ever having mentioned it to anyone before.
                      Which is why an inspection of the property, and a follow up communication summarising what was found including a statement that you were glad to hear that everything was fine and there was nothing the tenant was unhappy with or that needed doing can be helpful.
                      Otherwise there's nothing much a landlord can do but say they've not known about whatever it is the tenant has claimed.
                      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


                        #12
                        You are right, however there is the CMA guidance to include a clause in your tenancy contract, which states:

                        "
                        you give your tenant a warning of the consequences of relying on the right of set-off to withhold rent for sums that are not properly owing to them.

                        The main consequence is that you might seek to recover possession of your property on grounds of rent arrears.

                        If your tenant fails to prove their disrepair claim, they could be forced to give up possession."

                        Comment


                          #13
                          It can't hurt to have a clause like that, but, because there isn't any general right of set off in English Law, unless the contract specifically allows it, it's not allowed.
                          Shelter has a protocol that attempts to create a situation where it can be done, but it would have to be followed very carefully for it to be valid and enforceable in court.

                          Interesting that the government's model tenancy agreement doesn't seem to include a clause like the one suggested by the CMA (that advice has now been withdrawn, by the way, as the legal position has moved on since it was published).
                          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


                            #14
                            Originally posted by Icike View Post

                            Disrepair applies when the tenant had reported something to you and you decided to evict them in retaliation. It's not something he can make up now.
                            He would have had to report it to you in writing and you would have had to respond within 14 days.

                            If I remember rightly, disrepair in fact might only count if it's something the Council would serve improvement notice for - but I doubt we need this much detail here.
                            Drop in to your local court and observe a few s8 cases. Of course disrepair can (and is..) raised. Entirely up to the judge what he does (throw case out, set new hearing etc etc etc).One of the main reasons why landlords favour s21.

                            S21 yes there is a retaliatory eviction protocol, outlined in great detail by shelter legal.
                            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                            Comment

                            Latest Activity

                            Collapse

                            • Increasing rent
                              Twohoots
                              Hi - haven't been on here for several years as we have been jogging along nicely.

                              We have a small property which we rent out and the same tenants have been in there for nearly 6 years now. we have never increased the rent during that time. They are good tenants but I feel we ought to...
                              20-02-2017, 10:26 AM
                            • Reply to Increasing rent
                              MdeB
                              Excessive if you want to keep good tenants.
                              Reasonable if you want to risk losing them, looking for new tenants, and having a void....
                              24-03-2019, 22:17 PM
                            • housing act 2004 239 notice of entry
                              karouyou
                              Hi This is my first post. The council has sent me as the landlord a letter (not a notice) saying it's inspected my property under The 2004 Housing Act and using the safely rating system have identified hazards that require my urgent attention, asking me to reply with written intentions of dealing the...
                              21-03-2019, 08:28 AM
                            • Reply to housing act 2004 239 notice of entry
                              JK0
                              You don't need an eviction company. There is plenty of help and advice here on Landlordzone with doing it yourself.
                              24-03-2019, 20:39 PM
                            • Reply to housing act 2004 239 notice of entry
                              karouyou
                              Thank you for your comments. I talked to the council and they said that because it wasn't a formal notice my section 21 is still valid. The eviction company have said they may still try and use it as a defence. I will do the repairs asap. The property has bats in the eves so I can't fill all the...
                              24-03-2019, 20:16 PM
                            • Reply to Increasing rent
                              Twohoots
                              Two years since I've been on here … can't believe that! As per my original post our tenants have now been living there for almost 8 years. In that time I have only put their rent up once by 5%. Lately there have been two very similar properties to rent near the one we own and we are renting our...
                              24-03-2019, 19:54 PM
                            • Discrepancies between deposit scheme papers and contract
                              JohnMcClane
                              I am a lodger, I asked for my deposit to be protected and the landlord agreed,

                              However, I have noticed the following discrepancies between my contract, the papers given to me by the landlord and the certificate given to me from DPS:

                              - The contract states that I take tenancy...
                              24-03-2019, 00:25 AM
                            • Reply to Discrepancies between deposit scheme papers and contract
                              MdeB
                              It may be that you are a tenant and not a lodger (but I do not have sufficient knowledge of this area).

                              I would suggest that you don't need to worry about it unless and until you have deposit or other problems at the end of your occupation.
                              24-03-2019, 19:27 PM
                            • Tenant Offering to Pay Rent in Advance
                              Grim
                              Hi Everyone,

                              I'd welcome your advice, I'm in the process of renting out a property and have been disappointed in the lack of interest from potential tenants, However, I've been approached by an EU National new to the UK ( 6 weeks ) and keen to rent the house. He is awaiting the arrival...
                              21-03-2019, 08:24 AM
                            • Reply to Tenant Offering to Pay Rent in Advance
                              MdeB
                              That is how I see it, provided agreement is worded correctly:
                              • Month 1: rent paid for months 1, 2 & 3;
                              • Month 2: rent paid for month 4
                              • Month 3: rent paid for month 5
                              • Month 4: rent paid for month 6; tenant gives required 2 months' notice
                              • Month 5: no rent paid
                              • Month 6: no rent paid.
                              However,...
                              24-03-2019, 19:13 PM
                            Working...
                            X