Section 8

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    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?

    #2
    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.

    Comment


      #3
      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............

      Comment


        #4
        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).

        Comment

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