S8 help

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

    S8 help

    I am now in the process of completing a section 8 notice on grounds 8,10 and 11. I certainly have made some schoolboy errors with this tenancy, esp. poor record keeping hence why s21 is invalid. I am fuming with myself.

    But the fact is T is 4 months in arrears and has said he won’t be paying, and won’t leave. So from what I understand the court has to order possession on ground 8 as it is mandatory [unless of course by the day of court he clears his arrears and then I would look to rely on grounds 10 & 11]

    There are no disrepairs but of course I want evidence of this before court in case he decides to create some more trouble.

    what is the best way to show the court that there are no disrepairs? If I arrange for the letting agent to carry out an itinerary would this suffice? I have photos of the property just prior to the tenancy beginning (it had just been decorated and was immaculate). Do I need to get a new itinerary BEFORE I serve s8 notice or serve it anyway due to rent arrears and in the meantime arrange for an itinerary?

    anything else to be prepared to come my way?

    Thanks again

    #2
    Sorry artful I created a new thread now I know s8 is the only way forward

    Comment


      #3
      Anyone? I can’t use s21.

      Tenant has told me he won’t leave & wont pay. If he is still in arrears at the hearing (by min 2 months) will the judge automatically order possession? Or does the Tenant have an opportunity to defend it? This was my first & last rental property.
      thanks

      Comment


        #4
        Give at least 24 hours notice and do an inspection. Take LOTS of pictures, date stamped, showing the state of any disrepairs and ask the tenant if they want to raise anything, ideally with an independent witness (not sure how but maybe a neighbour).
        Complete the S8 and serve. Get the certificate of service. File your claim and submit your evidence bundle to the court. You have a letting agent so they should be helping you through this process.
        You'll get possession on mandatory grounds as long as he's at least 2 months in arrears

        Comment


          #5
          Not if he raises disrepair, probably
          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


            #6
            I have been reading horror stories about tenants raising disrepair and want to be fully aware of how to deal with that.

            He is aware I plan to serve a s.8 and now all of a sudden has a repair that needs doing which I have arranged to be done. He knows every trick going so I’m really worried what he may do next. His rent has been paid late or not in full for over 8 months, and he hasn’t paid me a penny for 4 months. I firstly gave him 2 months notice as per tenant agreement. He didn’t go. I then tried s21 but 2 months later discovered it was invalid (due to my own errors) so s8 is my last resort.

            I don’t have a letting agent but could pay one privately to do an itinerary, would that be of any use?

            I understand that grounds 10 & 11 are discretionary.I’m predicting that he will still be in over 2 months arrears at the hearing so will be relying heavily on ground 8.

            If ground 8 is mandatory does that mean the judge MUST order possession irregardless if whatever ‘defence’ he has? Am I understanding this correctly?

            thank you

            Comment


              #7
              Artful are you saying if he raises disrepair then the judge may not order possession under ground 8? I thought it was mandatory?

              Comment


                #8
                https://www.citizensadvice.org.uk/ho...tion-8-notice/

                This is something your tenant may be reading through - you should also read about it, also check shelters website and do further research if you're this concerned. Google the fashizzle out of it until you feel comfortable. If you're repairing everything he raises in a timely manner (get receipts and evidence) then I can't see a judge going against you on that alone.

                Comment


                  #9
                  Not sure why that wouldnt post. Do I need to get a solicitor?

                  on s8 do I need to put the annotations from the bottom of ground 8? Thank you

                  Comment


                    #10
                    Suggest you read Shelter Legal's excellent summary here...
                    http://england.shelter.org.uk/legal/...g_rent_arrears

                    Don't make any firm plans on regaining possession soon.

                    Tenant may be reading this thread.
                    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


                      #11
                      Do your own inspection just before serving s8 and see if T complains about something that is your responsibility. If so, repair & take before/after date-stamped pics before serving s8.

                      Comment


                        #12
                        Originally posted by Sunshine1 View Post
                        Do I need to get a solicitor?
                        I have been a landlord of multiple properties for 16 years.

                        I have served one S8 (G8) and I used a solicitor because I could see all sorts of ways that I could screw up the process, and because a solicitor does not have any emotional involvement that could affect court proceedings.

                        Although I am educated (Honours degree), intelligent (IQ over 150), and fairly experienced and knowledgeable in housing law, I would use a solicitor again if I had to serve another S8.

                        Comment


                          #13
                          Thanks for the replies. Couple of questions - is it too late to appoint a letting agent now the tenancy already exists?

                          Secondly, if there is a repair that the freeholder is responsible for, how do I as the leaseholder show the court I have tried to resolve it? If the freeholder wont resolve it what do I do to protect myself? Many thanks

                          Comment


                            #14
                            MdeB,

                            Thank you for your honesty. I think I’m going to have to I’m way out of my depth and the T clearly knows every trick in the book. What sort of cost should i expect for s8 proceedings?

                            Comment


                              #15
                              Originally posted by Sunshine1 View Post
                              What sort of cost should i expect for s8 proceedings?
                              Ask a solicitor; initial consultation should be free.
                              Maybe ask 2 or 3 and see which seems most experienced.

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X