Section 8 notice served, what next

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  • lakemk
    started a topic Section 8 notice served, what next

    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.

  • theartfullodger
    replied
    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.

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model tenancy agreement doesn't seem to include a clause like the one suggested by the CMA (that advice has now been withdrawn, by the way, as the legal position has moved on since it was published).

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  • Icike
    replied
    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."

    Leave a comment:


  • jpkeates
    replied
    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.

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  • Icike
    replied
    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.

    Leave a comment:


  • JK0
    replied
    I wouldn't. You might get accusations of harassment. BTW, start your own thread.

    Leave a comment:


  • Suz Ragnar
    replied
    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?

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  • lakemk
    replied
    Muzza,

    Thx for sharing , really appreciate

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  • Muzza
    replied
    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!!

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  • lakemk
    replied
    It is 6 months contract and now is only into 2nd months

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  • JK0
    replied
    Use s21 if possible IIWY.

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

    Leave a comment:


  • DPT57
    replied
    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.

    Leave a comment:

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