what is the timing for a section 8

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  • what is the timing for a section 8

    hi

    first thread so treat gently

    tenant is in first 6 months of tenancy and made first 2 monthly payments but since then nothing and no contact

    he is now owing 2 months so am looking to serve section 8 on grounds or arrears

    what date am i allowed to put on section 8 as end date

    is it 2 weeks from now

    2 months from now

    or do i have to put end date of first 6 month tenancy

    as this would be 4 months owing

    any help appreciated

  • #2
    1. Serve s.8 Notice (on grounds 8/10/11, if applicable).
    2. After two weeks, begin proceedings.
    3. Er, that's 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).

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    • #3
      a law firm has said that as tenancy is in first 6 months

      section 8 end date has been put as the last date of the first 6 month tenancy so i am now sat waiting for this date to come ?

      based on reply above being first 6 months of tenancy is irrelevant and i could have served 8 with just 2 weeks notice on and started proceedings already ?

      Comment


      • #4
        Originally posted by carterowl View Post
        a law firm has said that as tenancy is in first 6 months

        section 8 end date has been put as the last date of the first 6 month tenancy so i am now sat waiting for this date to come ?

        based on reply above being first 6 months of tenancy is irrelevant and i could have served 8 with just 2 weeks notice on and started proceedings already ?
        You have a confusion of S.8 and S.21, you dont need to wait for the end of the fixed term for S.8
        Dial 999 For a Landlord

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        • #5
          hi

          no the law firm is confused

          they have issued the section 8

          on 16/3 with last residing day stated as 31/5 to tie in with tenancy end date

          from replies this seems to be wrong

          i could have had the notice served with last resding day as say 1/4

          Comment


          • #6
            Originally posted by carterowl View Post
            hi

            no the law firm is confused


            i could have had the notice served with last residing day as say 1/4
            correct - serve a new one now with 2 week deadline? That is still sooner than the date in the original notice.
            PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

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            • #7
              carterowl: did you not actually read post #2? Why are you still asking?
              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

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