Issuing a s8 today and need some advice

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    Issuing a s8 today and need some advice

    I've posted here before, I have drug dealers in my property (no convictions yet) and need to get them out asap. I had been getting some support from a solicitor but he seems to have disappeared off the face of the earth and I want to get this done today.

    Tenant is now 2 months behind with rent (as of yesterday). I am currently unable to issue a section 21 as the gas safety has expired and we haven't been able to get access to get it replaced. The solicitor had advised me that in this instance, a s8 might be the best route as otherwise we'd have to get a warrant to get access for the safety cert which defeats the purpose of the s21 (low cost). Initially I went down the nice route and just asked them to leave (this was on 9th January). They haven't shown any signs of leaving and are just causing further issues and cost.

    I am applying for the s8 on grounds of: 10, 11, 12, 14. My understanding is- that with g14, I can apply to the courts immediately - so I can put todays/tomorrows date on the form (I'm hand delivering today) and then apply straight away on Monday. Is this the case? Or do I still need to give them 14 days notice?

    #2
    Why not g8 also?
    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


      #3
      You still need to give 14 days from Date of Service (received).
      s8 g8 is a mandatory Ground but avoidable.
      T may claim lack of GSC as 'breach of Contract', so attend any Hearing and be prepared to show T refused access for GSC inspection before valid GSC expired.

      Comment


        #4
        A notice with ground 14 can indeed be dated to expire on the same day the notice is deemed served, but good luck getting possession relying on this as your primary ground. Go with g8 as well. At least you'll have a mandatory one that way.
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

        I do not answer questions through private messages which should be posted publicly on the forum.

        Comment


          #5
          Thank you all - and I totally overlooked g8! But I have added it in there.

          Theyre such difficult tenants. She text me on Friday night at 1am to say the boiler had stopped working as she had no heating. And since then she hasn’t taken my calls or responded to my texts. I called at the house yesterday and she was in the bedroom but wouldn’t come to the door. I’ve posted the s8 as well as a s21 through the door with details of her rent arrears and a copy of her tenancy agreement.

          I doubt this is the first time she’s seen these forms.

          Comment


            #6
            Sorry! What were her credit & landlord checks like?

            Write with notice of inspection then go round, knock, let yourself in, ideally with witness. You don't need tenants agreement, just not their refusal
            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


              #7
              I didn’t do checks and I bitterly regret it. I never have and I guess I’ve always got lucky.

              Regarding letting myself in, it’s not quite as simple as that... this is quite a complex case!

              The front door isn’t useable now as there’s been police raids and although they promised to replace it, it’s boarded up from the inside. There’s also metal shutters installed on the front and of the house (on the inside).

              I have no access whatsoever to the property.

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