Adding grounds of possesion pre-hearing

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    Adding grounds of possesion pre-hearing

    hi, i finally got a hearing date which will be 30th april. i used grounds 10,11& 12 of sec8 as the arrears did not quite add up to 2months arrears. my question is, can i add more grounds, ie ground8 as the arrears have now built up and the tenant has no intention of paying or moving out.
    i also wrote to the tenant asking to have access of the property so i could have some estimates taken and he refused to give access. is there any grounds that i could add.
    thanks in advance

    #2
    You may only use G.8 of a section 8 IF at the time of serving the notice AND at the time of the hearing there are at least 2 months rent unpaid.

    Comment


      #3
      Originally posted by Colincbayley View Post
      You may only use G.8 of a section 8 IF at the time of serving the notice AND at the time of the hearing there are at least 2 months rent unpaid.
      does this mean i can not add grounds 8 now. the arrears will be more than 2months on hearing date

      Comment


        #4
        Originally posted by lady100 View Post
        does this mean i can not add grounds 8 now. the arrears will be more than 2months on hearing date
        See s.8(2). Court may give leave for L to alter or add grounds.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Originally posted by jeffrey View Post
          See s.8(2). Court may give leave for L to alter or add grounds.
          do i alter before hearing date or should i wait and do alterations on the 30th/ april. also were do i find s.8(2) as i would like to read it
          thanks

          Comment


            #6
            For any Act's actual text, see
            http://www.statutelaw.gov.uk/Home.aspx.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #7
              Originally posted by jeffrey View Post
              For any Act's actual text, see
              http://www.statutelaw.gov.uk/Home.aspx.
              thanks for the reply. i have tried the website but it is all too techinical for me to understand. sorry if this sounds daft.
              i would like any advice on how to alter my section 8. do i do this on hearing date or before. the reason i would like to add grounds 8 is so i can get possession of the property. i have read somewhere on the forums that the judge would grant possession if grounds 8,10 & 11 are used.

              Comment


                #8
                Look: you obviously cannot do it before the hearing. How could a Court give leave to amend until it has a case before it?
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                  #9
                  Originally posted by jeffrey View Post
                  Look: you obviously cannot do it before the hearing. How could a Court give leave to amend until it has a case before it?
                  now i get what you mean. thanks for all the replys. i will just wait until my hearing date then

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