Section 8

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

    Section 8

    We have tenants who are 5 months in to a 12 month contract and have been a PITA from day one. Constant complaints about noise, police visits, he has been carted off by police on more than one occasion. To say they have a strange and volatile relationship is the understatement of the year !!!!
    Environmental Health have been involved since the outset, being called out, out of hours - have issued an Abatement Notice with a threat to pursue legal action if this is breached. Over the weekend there were further disturbances which has resulted in the abatement notice being invoked so that Environmental Health are going to prosecute.
    From the outset, the neighbour has kept a diary of disturbances, police visits etc etc.

    I believe we can issue a Section 8 notice based on breach of the tenancy due to the noise, disturbances etc but have never in 6 years had to do this so wondered:
    a) Can we as the agents complete the Sec 8 Notice
    b) Basically what happens after the notice has been served
    c) What is the likelihood of the judge awarding possession
    d) What is the time frame involved
    e) Is a court hearing necessary and if so is it necessary to employ a solicitor and if so the likely cost

    Thank you

    Paul

    #2
    Yes- serve s.8 Notice on grounds 12 and 14 at least (but both are only discretionary).
    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

    Latest Activity

    Collapse

    • Reply to Cheapskate landlord wants to end tenancy
      by Hudson01
      To be totally blunt, i feel you have had the very best of it with the previous LL, I would be looking very actively for another property to move too. What ever you do in the end the LL can simply keep increasing the rent until you have to move and in the meantime you will have all the stress, when the...
      22-01-2022, 21:14 PM
    • Cheapskate landlord wants to end tenancy
      by Lucylou99
      Hi just after some advice. I have been renting the property for 4.5 years, 4 of those with a fantastic landlord and 6 months with a new landlord. When he took over he immediately increased the rent by 25%, annoying but perfectly within his rights. The main issue is maintainance and repairs. I cant report...
      21-01-2022, 22:11 PM
    • Reply to Property damaged. Advice please
      by Hudson01
      I can see that from a laymans point of view that is correct, but when you talk/deal with individuals who have attempted suicide it's simply not the case, if this was a genuine cause for concern and the Police forced entry they did it in the belief that his life was in danger, from himself probably....
      22-01-2022, 20:56 PM
    • Property damaged. Advice please
      by minorbark
      Apologies if something similar has already been covered elsewhere. I did try to search but couldn't find anything that matched my situation particularly closely. A huge thanks in advance to any of you who do take the time to read and advise.

      TLDR version: Police have forced entry into my...
      18-01-2022, 21:55 PM
    • Reply to Garage left filled with tenant's goods
      by theartfullodger
      When I bought a house in 2000 in the Highlands it came with a garage: Which had a car in it. Belonged to a neighbour, who used it to sleep in when he'd been in the pub too late & his wife locked him out. Took me 6 months to sort...
      22-01-2022, 18:51 PM
    • Garage left filled with tenant's goods
      by robbo2233
      Hi! Hoping the forum can advise me. We have a lock-up garage in a residential estate that had been let to an individual who ceased to pay monthly rental. Notice to quit was served by our letting agents Countrywide in October, and yet the tenant's goods still remain in situ. Agents have advised...
      20-01-2022, 21:31 PM
    • Reply to Property damaged. Advice please
      by Lawcruncher
      The point here is though that the tenant's obligations under the tenancy cannot extend to repairing parts of the property which the landlord is under an obligation to repair.

      Outside the tenancy, anyone, including a tenant, who damages property must meet the cost of repairing the damage....
      22-01-2022, 18:45 PM
    • Reply to Labour taxation plans
      by theartfullodger
      May I quote the Telegraph. on Sunak's kind gift of the highest tax burden for quite some time....

      https://www.telegraph.co.uk/business...tax-burden-70/
      22-01-2022, 18:10 PM
    • Labour taxation plans
      by steaming
      Rachel Reeves R4 this am told the interviewer that Labour (when in power) would raise money by taxing those with BTL property much more than at present, she opined it was wrong that “they” were “getting away with it”. No challenge from BBC or fact check as to present tax. You are warned.
      20-01-2022, 16:55 PM
    • Reply to Labour taxation plans
      by SouthernDave
      The limited company system has been abused for too long by people trying to save on tax by claiming they are a company. I know loads of people of set themselves up as limted companies and have now been caught by IR35. They have spoiled it for those of us who have proper companies to rub who used to...
      22-01-2022, 17:55 PM
    Working...
    X