Unsocial behaviour & sect 8

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

    Unsocial behaviour & sect 8

    I have a tenant that I would like to evict on unsociable behaviour, this tenant has also consistently been 1 month late paying rent for the last 6 months. I notice that the section 8 can be used for both consitently late rent (even if less than 2 months) and also unsociable behiour.

    Can anyone see any probelm with this or has tried similar?

    Cheers ofr any feedback
    Rich

    #2
    Very hard to prove ground 14 of section 8 unless you have lots of evidence from the likes of Police and Environmental Health and maybe courts.

    Also ground 11 is also discretionary so both grounds are a bit iffy, you would be better off issuing section 21. Longer route but its mandatory possession.
    GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

    Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

    Comment


      #3
      sadly I don't think you would have a chance of getting rid - feels wrong I know but that is how it is - as advised section 21 the only way
      Unshackled by the chains of idle vanity, A modest manatee, that's me

      Comment


        #4
        Serve under both:
        a. section 8 (grounds 10, 11, and 14- all discretionary); and
        b. section 21.
        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
          I actually served a section 21 in July, will it still be ok to use this with PCOL?

          Comment

          Latest Activity

          Collapse

          • Reply to Lodgers left without notice
            by hamilton
            It sounds to me that you are financially over-extended, if you do not have the money in the bank to cover such eventualities. I suggest you sell up, and readjust your expectation of what life owes you.
            03-04-2020, 17:24 PM
          • Lodgers left without notice
            by hoolaholla
            I have 2 student lodgers, I am not at the property at the moment and their rent day recently passed and neither paid rent. When I enquired it transpires they have both vacated the property and are refusing to pay any further rent, their tenancy does not officially end until July. I have a 1 month deposit...
            03-04-2020, 16:52 PM
          • Reply to Lodgers left without notice
            by hoolaholla
            I am confused by your response, are you suggesting that demanding another 4 months rent as per our agreement is the wrong thing to do? Why is it wrong if this was our agreement?
            EDIT: This was in reply to Hamilton who deleted his reply....
            03-04-2020, 17:23 PM
          • Reply to Lodgers left without notice
            by hoolaholla
            I was living there, but I have returned to the family home due to coronavirus. The house is now unoccupied, its alright for them to deny their responsibilities but I have a mortgage and without such a luxury. It is so unfair.
            03-04-2020, 17:12 PM
          • Reply to COVID-19: Court hearing section 8 vacated
            by Stew
            Given that not much can be done court wise re eviction this tenant's issues clearly had nothing to do with Covid could the landlord at least raise a money claims via the online service?

            Assuming that the tenant does not have a valid concern with you as a landlord and the eviction would...
            03-04-2020, 17:10 PM
          • COVID-19: Court hearing section 8 vacated
            by syrbag
            A court hearing planned for 23 March for rent arrears vacated, tenant 5 months without paying rent, rent paid 2 months in advance. tenant not picking calls and not taking advantage of the COVID-19 situation. anyone in a similar situation and what is the best way to proceed?


            'This...
            03-04-2020, 10:56 AM
          • Reply to Lodgers left without notice
            by jpkeates
            I don't know if you have a legally binding agreement or not.

            If they signed a contract saying they would stay there for a period, they may be in breach of that contract.
            However, you would be entitled to compensation for any loss, which seems to be nil, it's very unlikely that the...
            03-04-2020, 17:09 PM
          • Reply to Lodgers left without notice
            by hoolaholla
            But where do I stand legally? Whatever the current crisis, we still have a legally binding agreement, no?
            03-04-2020, 17:03 PM
          • Reply to Tenants not willing to pay once back to normal
            by tomwarren
            One other important question: does the tenant have the option to leave in the near future? What if you play hardball, and the tenant gives notice? If the tenant has a renewal date coming up, or a break clause, would it not be easy for them to strike a deal with someone who has an empty property?...
            03-04-2020, 16:58 PM
          • Tenants not willing to pay once back to normal
            by Pearl1
            Hi All

            Not sure if this has been covered.
            We have a tenant who’s happy to pay half the rent until they are back to work full time (currently furloughed)
            They have then said once normality resumes they won’t be able to pay back the additional rent that was missed previously....
            03-04-2020, 14:10 PM
          Working...
          X