Section 8

  • Filter
  • Time
  • Show
Clear All
new posts

    Section 8

    Thankfully, I have only ever had to take one tenant to court to evict. We used a Section 8 due to the large arrears she had no chance of paying off but this was at least 15 years ago.

    I keep hearing that it’s easy for a tenant to defend a S8 notice by claiming disrepair (“my boiler isn’t working, your honour”) but I’m interested to know what happens after this.

    Surely such an unqualified claim from a (probably) poor tenant doesn’t just end the possession process there and then?

    I assume the judge may delay things but until when? Or until what?

    Does anyone have any experience of what happens next if this claim is made?

    If claim is defended, then the evidence needs to be assessed.
    On first court date there is likely to be insufficient time allocated and/or the LL will have had insufficient time to prepare counter-arguments.
    Case will therefore be listed for a later date when more time can be allocated.

    Until when? How long is a piece of string?

    I think the law should be changed so that only something that had been notified to LL in writing before S8G8 is served can be used as a defence, to prevent rogue tenants making things up on the day of the case.


      I agree with that MdeB.

      Defences I have had used against me in past S8 cases are a blocked air brick where there was a gas fire in the room (there was valid gas certificate in place) and the 'my boiler has not worked for 3 months' which was a blatant lie.

      The airbrick case was deferred for reports taking 8 weeks and the boiler one was disregarded by the judge.

      Freedom at the point of zero............


        If it's possible, it's a good idea to carry out a routine inspection before serving a s8 notice (obviously that isn't always possible if things have gone really pear-shaped).

        It gives the landlord at least a chance to say, well it was OK when I came over a few weeks ago because I asked you if everything was working and you said yes.
        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).


        Latest Activity