Should I/ Can I issue a Section 8

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    #16
    Originally posted by FionaHI View Post
    Thank you all for your help. At the moment we are effectively 6 weeks in arrears. FRom what you have said it seems that the best thing to do is wait until 8 weeks in arrears and then issue S8. Hopefully this will give them a kick up the butt and they will magically find some funds.

    MdeB - I have spoken with them very politely about the arrears. They are the sort that believe they can pay back at their leisure and I should be grateful! Also under the impression that if you have a rental house you are awash with cash- sadly that is very far from the truth.
    It's not 8 weeks in arrears for s8 ground 8. They just have to have not paid two monthly instalments, (which would only put them just over 4 weeks in arrears.)
    To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

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      #17
      Ah ok. They paid 66% of rent in month 1 and not paid a penny in month 2. As they pay monthly I thought I needed to wait until next due date and then issue the following day if nothing received- is that correct?

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        #18
        Originally posted by FionaHI View Post
        Ah ok. They paid 66% of rent in month 1 and not paid a penny in month 2. As they pay monthly I thought I needed to wait until next due date and then issue the following day if nothing received- is that correct?
        Yeah, you are correct. I thought maybe they had not paid anything in month 1.

        Edit: Though you could issue on grounds 10 and 11 as (I hope) you won't be going to court with it.
        To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

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          #19
          Thankyou Jk0.
          I have just read section 10 and clarifies things as I thought it would be so easy for tenants to play the system and pay a bit of rent to take them below the 2 months arrears.

          does anyone have any idea how often S8 does end up going to court or does that tend to be enough of a shock to get tenants out. Sincerely hoping the latter!

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            #20
            Usually people are only forced to use section 8 when they are unable to use section 21. (Maybe 10% of posters here.) As said before, section 8 is easily defended even on ground 8, and should never be used for other grounds.
            To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

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              #21
              Originally posted by FionaHI View Post
              Ah ok. They paid 66% of rent in month 1 and not paid a penny in month 2. As they pay monthly I thought I needed to wait until next due date and then issue the following day if nothing received- is that correct?
              Why on earth did you give them the keys when they hadn't paid all the rent?

              My rule, unless all (ALL!) paperwork complete & rent & deposit paid in full, no keys. End of.

              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...

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                #22
                Theartfulllodger - by month 1 I meant the first month of arrears.

                Have issued S21 and am planning on S8 if they don’t pay next month. Hoping it won’t come to that, as I will be more in debt myself, and I can just get them out under S21 as they are living beyond there means at my cost.

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