Section 8 - More or Less Grounds for Eviction

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    Section 8 - More or Less Grounds for Eviction

    Hi all

    On a Section 8 my tenant has breached numerous grounds on the Section 8 form. Is it best to keep it short and sweet or give as much information and as many reasons and grounds as possible - I don't want to go on and on and on if it goes against me.

    Also, can I send the Section 8 to the tenant by recorded delivery as i've read that this is a no-no.

    Finally (sorry, just want to get this rolling and do it correctly), if someone else answers the door if I decide to deliver the Section 8 by hand, is this classed as being served as I would assume that whoever opened the door will pass it on to the tenant.

    Thanks in advance.

    #2
    List all grounds applicable, but it's not an essay. For part 4, just be succinct and to the point when explaining why the breach is satisifed.

    What does the tenancy agreement say about how notice may be served?

    You (tenancy agreement aside probably) can, the question is whether you should. If you use recorded delivery, you will have proof of delivery of the letter if they signed for it. But if they don't and it's returned, you haven't served the notice.

    Either give it personally to the tenant (with independent witness), or leave it at the property (through individual letter box, under the door, or taped across the lock etc., again with witness).
    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.

    Comment


      #3
      Originally posted by KTC View Post
      List all grounds applicable, but it's not an essay. For part 4, just be succinct and to the point when explaining why the breach is satisifed.

      What does the tenancy agreement say about how notice may be served?

      You (tenancy agreement aside probably) can, the question is whether you should. If you use recorded delivery, you will have proof of delivery of the letter if they signed for it. But if they don't and it's returned, you haven't served the notice.

      Either give it personally to the tenant (with independent witness), or leave it at the property (through individual letter box, under the door, or taped across the lock etc., again with witness).
      Thank you KTC.

      One more thing - she was married, but split up with her husband, although they are still married. She signed the agreement using 'Miss', not 'Mrs'. Will this have an effect on the Section 8 being upheld?

      Thanks again.

      Comment


        #4
        Short: No.

        Longer: Just use the person's name, why are you bothering with title?
        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.

        Comment


          #5
          Post the notice from a post office, first class and get a proof of posting (it's a little printed receipt).
          Or push it through the door with a witness (who will have to sign a form to support that you served notice).

          Don't hand it to anyone, it's probably OK, but it introduces an opportunity for the tenant to claim it wasn't served - which is an unnecessary complication.

          Serve notice to all named tenants individually.
          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


            #6
            Is the husband a tenant, albeit absent? If so you have to serve notice to him too.

            Comment


              #7
              Originally posted by KTC View Post
              Short: No.

              Longer: Just use the person's name, why are you bothering with title?
              It was just that I read that the Section 8 notice has to say exactly what is written on the Tenancy Agreement. This all makes me very nervous!

              One more thing ..... her 'partner' who 'doesn't' live at the property was very aggressive in the past when I went to the property. My tenant is saying that her boiler is broken and that he will be there when the plumber arrives (I've not given her a time of arrival). Can I refuse to send a plumber unless it is her that is at the property to deal with it? Or is it that she can choose whoever she wants to be at the property to receive him?

              She won't respond to any messages unless it's about the boiler.

              Thanks

              Comment


                #8
                You need to get the boiler fixed otherwise your section 8 will possibly fail.
                Let the plumber worry about who lets them in - the plumber is nothing to do with you and there's no reason for anyone to be aggressive to anyone.

                The names have to be recognisable as the same ones on the tenancy agreement, because the notice has to be served to the right people. But spelling and titles usually don't matter
                Last edited by jpkeates; 08-10-2018, 12:59 PM. Reason: KTC pointed out I'd missed out the "don't" in the final sentence.
                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


                  #9
                  Originally posted by jpkeates View Post
                  Don't hand it to anyone, it's probably OK, but it introduces an opportunity for the tenant to claim it wasn't served - which is an unnecessary complication.
                  The best method of service is actually personal service, so long as one can prove that it took place.

                  Anyhow, Lottie2508 haven't answered what the tenancy agreement says about services.....

                  Originally posted by Lottie2508 View Post
                  It was just that I read that the Section 8 notice has to say exactly what is written on the Tenancy Agreement. This all makes me very nervous!
                  If that were the case, what happens if their marital status changes after you granted them a tenancy, change their name, gets a doctoral, ennobled by the Queen, .... ? You are identifying who you are giving the notice to. Just put in the name you know them by.

                  Originally posted by Lottie2508 View Post
                  One more thing ..... her 'partner' who 'doesn't' live at the property was very aggressive in the past when I went to the property. My tenant is saying that her boiler is broken and that he will be there when the plumber arrives (I've not given her a time of arrival). Can I refuse to send a plumber unless it is her that is at the property to deal with it? Or is it that she can choose whoever she wants to be at the property to receive him?
                  You have a legal obligations to get the boiler fixed.
                  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.

                  Comment


                    #10
                    Originally posted by jpkeates View Post
                    But spelling and titles usually matter.
                    Did you mean to say "DON'T matter"?
                    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.

                    Comment


                      #11
                      Originally posted by KTC View Post
                      Did you mean to say "DON'T matter"?
                      I did. Usually don't matter.

                      I've edited my post to correct it.
                      The reason for change doesn't seem to appear anymore.

                      The reason I prefer proof of posting to a claim for personal service for tenancy documents is a) there's fewer forms to complete and b) you can include the proof in your submission to the court (along with the copy of the notice), which (hopefully) pre-empts the tenant trying to claim they didn't get it in the first place.
                      Any query about service is best avoided altogether unless you use a professional service.



                      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
                        Hi

                        Next stage. I served the Section 8 Notice and tenant is now saying she is going to fix all issues listed under each ground stated. If puts right all the damage, neglect etc. Can the Section 8 be ‘thrown out’ (sorry if I’m not using correct terms), or will it be seen that she caused the damage in the first place. I used Ground 8, 11, 12 & 13.

                        thanks for your help

                        Comment


                          #13
                          If ground 8 is valid, then ground 10 is valid. Why didn't you list ground 10?

                          Only g8 is mandatory. If the amount of arrears is high enough at the time of service of notice, and at the time of court hearing, then the court must grant possession.

                          All the other grounds are discretionary. If the tenant don't ignore the court, and it's the first time the tenant has been taken to court for possession by you, put in any sensible plead, chances are you won't get possession. Any possession order made, if any, would probably get suspended on the conditions rent are paid, arrears are reduced, otherwise keep to the terms of the tenancy etc.
                          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.

                          Comment


                            #14
                            Hope you have or will also serve s21:. Much more likely to be successful in court. S8 easily defended over repairs.
                            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


                              #15
                              Originally posted by Lottie2508 View Post
                              HiNext stage. I served the Section 8 Notice and tenant is now saying she is going to fix all issues listed under each ground stated.
                              Surely that would be the desired outcome?
                              You don't have to make someone homeless and they don't do things that breach their contract with you.

                              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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