Section 8 and Possession Order - any guidance please?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Section 8 and Possession Order - any guidance please?

    I am about to complete paperwork online via PCOL as my tenant has not responded to section 8. In fact tenant has ignored all contact attempts since stopping rent payments and has given no reason/explanation for the arrears, despite my efforts to reach out - including a written offer to do what we can to assist with any arrears.

    Tenant has been in place for just over 6 years, when the original tenancy agreement was signed there was a Mr & Mrs detailed on the agreement. I have never been officially told, but I do not believe Mr ever lived at the property, I have never seen a Mr on any visit or had any dealings. Tenant has at no point advised me that Mr did not live there.

    On the section 8 I detailed the original tenancy agreement and named Mr & Mrs on the paperwork.

    However, since the original agreement the Mrs (person I have always dealt with) asked for a 12 month contract, rather than a simple month to month periodic. I agreed this and sent her a simple written text with date of agreement, reference to original agreement and the fact that the 12 month extension was on the same terms as the original agreement. This also detailed the rent amount.
    Both I and the Mrs (tenant) signed this.

    Mr was not named on this form.

    Does this 12 month agreement override the original tenancy - should I have issued the section 8 in both names or just the Mrs?

    The 12 month extension has actually expired and reverted to periodic again since then, I did send a further extension that would have extended through to Feb 22 but the tenant did not send this back to me - all I have is a text message exchange showing we had agreed a further 12 month renewal, but no written agreement was sent back to me.

    Section 8 was issued under ground 8 (+10 and 11) due to two months rent arrears.

    If anyone can give some insight into whether both tenant names should be or should not have been on the paperwork that would be appreciated.

    First time in this situation, have always tried to be fair to tenants and keep on top of all repairs etc, keeping rents below market rates to stay occupied - finding the lack of info from tenant frustrating (cant help if I dont know whats up), but at stage now where I dont want to get paperwork thrown out on technicality etc.



    #2
    It could be argued both ways that the original tenancy continues (nobody appears to have given notice to end it) and/or the "new" tenancy exists.

    Shame, keeping Mr on would mean you have two people to sue, EACH for ALL the rent (as long as someone coughs up on a joint tenancy , who cares who does..)
    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


      #3
      Without seeing the paperwork of the 'new tenancy' it's impossible to say whether it's valid or not. Can you post a redacted copy on here?

      Comment

      Latest Activity

      Collapse

      Working...
      X