Evicting T by s.8/s.21 Notices

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    Evicting T by s.8/s.21 Notices

    Hello all,

    I was recommended this forum as a good and helpful resource.

    I am having to evict two tenants from one of our propertys and need to kick off the court process.

    Do one of you fine people know the correct form I need to send this off to the courts ?

    thanks

    Bobby

    #2
    If this is your first time doing such, you might well want to consider using a lawyer, though this is a matter of contention on the forum I've recently been in the same situation, and made a (stupid, easily avoidable) mistake in the section 8 notice that arguably ended up costing me £400 or more in lost rent by the time I'd corrected it.

    http://www.possessionsonline.co.uk/ seem to know their stuff and charge a fixed price.

    (For more specific advice about which form you'd need to state a bit about the grounds under which you're evicting them. The form is likely under http://www.hmcourts-service.gov.uk/i...ords/index.htm )

    Comment


      #3
      ......

      thanks for the comments, I didnt have the email notifications on......lol

      I went to my local court and they gave me the N119 form and the N5 form.

      Do you know why I have to complete them both ??

      I have seen some other threads and will do a good search.....thanks


      Just one question though, which form were you talking about for the section 8 ? N% or N119....

      Also what was the mistake if you dont mind me asking.

      thanks again

      Bob

      Comment


        #4
        Originally posted by bobbyd76 View Post
        I went to my local court and they gave me the N119 form and the N5 form.

        Do you know why I have to complete them both ??
        You dont.

        Have you issued the T with any notice at all, either a S8 or S21? If not, you are trying to put the cart before the horse.

        S21 notice, N5 court form after notice has expired
        S8 notice, N119 court form after notice has expired

        Comment


          #5
          hi

          Hello,

          Thanks for your reply, my agent issued notice by using S8.

          So I have almost completed the N119 form, just need to sanity check it.


          I have posted in this thread also,

          http://www.landlordzone.co.uk/forums...t=17426&page=3

          if you have time, please could you look at it.....I think I am getting over concerned......

          thanks again

          Bob

          Comment


            #6
            Originally posted by havensRus View Post
            You dont.

            Have you issued the T with any notice at all, either a S8 or S21? If not, you are trying to put the cart before the horse.

            S21 notice, N5 court form after notice has expired
            S8 notice, N119 court form after notice has expired

            If you can/have served a valid s21 notice then you should actually use N5B if you can as it will be faster (you need to have a written tenancy agreement for this).

            oh and make sure deposit is protected (if it has to be) before you try to serve a s21.
            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.

            Comment


              #7
              N5 or N5b notice served using section 8

              Hi all.........again....;0)


              I think I've finally figured out which form I need..........

              My agent issued notice using S8.




              I've read that to use the accelerated procedure N5b) you needed to have used S21.


              Is this correct ?



              Also my agent simply sent a letter and didn't use a form for S8, is this a problem ?



              finally....lol.......if I use form N5 does it require a N119 to go with it ?




              The people at the local court just handed me a load of forms.....



              help appreciated

              thanks

              Robert

              Comment


                #8
                N5 and N119.

                N5b is only used in accelerated claims
                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.

                Comment


                  #9
                  .....

                  thanks for the reply, I was hoping you might answer my other post.......;0)

                  So to use accelerated you need to have used S21 ?


                  please can you answer the question about the form ?

                  thanks again

                  Bob

                  Comment


                    #10
                    Serving s.8 - prescribed form?

                    Hello again,

                    Is there a necessity to use the prescribed form?
                    s.8 notice was issued but not using the prescribd form - do we need to reserve or will the courts consider s.8 (non-prescribed form) as valid?

                    any help appreciated

                    Comment


                      #11
                      Section 8 is a 'prescribed form' procedure. Here's s.8(3) and s.45(1), below.
                      The Regulations (SI) are at http://www.statutelaw.gov.uk/legResu...=1&SortAlpha=0:

                      8(3). A notice under this section is one in the prescribed form informing the tenant that:
                      ...

                      45(1). In this Part of this Act, except where the context otherwise requires:
                      ...
                      prescribed means prescribed by regulations made by the Secretary of State by statutory instrument;
                      ...
                      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


                        #12
                        receiving inconsistent advice.....S21 / S8...please god help me.....;0)

                        I really am getting to the end of my tether with this....

                        I've received mixed advice from various people, advice on here so far has been good but it kind of stops at a certain point......


                        Figured out we had free legal advice with one of our insurances so went to them, spoke to two or three different people, and I'm now even more confused.


                        Please help me with serving notice and repossesion


                        Tenants have reached the end of the Assured Shorthold Tenancy (think thats right) and it's now periodic agreement......

                        We have served notice already but didnt use the form (s8).

                        We've been told we now need to serve notice again with the form....annoying but fair enough.......or would a judge not approve the repo order ?



                        So...

                        Which notice should I use, s8 or s21?

                        What date do I need to serve this on ?

                        And can I start the repo order before the S8 / S21 expires.



                        Any help and help with responses would be massively appreciated, I think I am probably worrying too much about this, but we want our property back !!! lol

                        They are almost two months behind in rent arrears (foundation housing pay 80%), they have caused damage and neglect.


                        help........

                        Bob

                        Comment


                          #13
                          If you want more detailed help then you will have to give us full details - such as when the agreement started, the exact dates and the lenght of the fixed term of the AST. However in general terms, you can follow two routes.

                          The Section 21 route is a "no fault" route. It is used when the landlord wants his property back for any reason which does not have to be stated or proved in court. A minimum of 2 months notice is required and the paperwork is usually considered by a judge in chambers and the possession order issued.

                          If rent is overdue however, then section 8 (plus 10 and 11) is used. The tenant has to be two months overdue before the notice is served and if 80% of the rent is paid by some form of housing allowance then this has to be taken into consideration as well, so the tenant can remain in residence for some time before they owe over one month's full rental. The appropriate notice is then served and after two weeks court action can commence. It will probably take a few additional weeks to get a court date and the tenant must remain more than a whole month's rent overdue at the court date or the action under section 8 will fail. This is a mandatory ground for the grant of your possession order. Sections 10 and 11 - late and irregular payment of rent are not mandatory grounds and judges are well known for believing tennats' sob stories and not therefore granting the required order.
                          To explain some confusion which the above may be causing, the act requires the tenant to be two months overdue before comencing section 8 action. Rent is usually paid in advance thus if the tenant fails to pay the second month's rent when it is due, they become two months overdue because they haven't paid rent for one month and a day.

                          P.P.
                          Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

                          Comment


                            #14
                            thanks PP

                            HI thanks for this, it has made sense.....

                            I am going to use S21 and then claim separately for arrears and claim on the guranteed bond for damage and neglect.

                            What is the correct form and supporting documents and tips / help.

                            Sorry to ask for this but I have recevied so many mixed opinions, I need facts.

                            The tenancy started on 19th April 2008 and ran for six monts, at the end of this they were in arrears and had caused damage to the property.

                            We had agreed at a formal interview with FH that if they started to settle arrears on a weekly basis whilst keeping up the shortfall of the payment from the council we would agree for the tenancy to continue....on a periodic basis.

                            It went from bad to worse.

                            We have served notice once (incorrectly on the wrong date), and once again (on the correct day but not using the correct form).

                            Any further advice would be appreciated. This whole situation has really stretched us financially and personally.

                            thanks again

                            Bob


                            Originally posted by P.Pilcher View Post
                            If you want more detailed help then you will have to give us full details - such as when the agreement started, the exact dates and the lenght of the fixed term of the AST. However in general terms, you can follow two routes.

                            The Section 21 route is a "no fault" route. It is used when the landlord wants his property back for any reason which does not have to be stated or proved in court. A minimum of 2 months notice is required and the paperwork is usually considered by a judge in chambers and the possession order issued.

                            If rent is overdue however, then section 8 (plus 10 and 11) is used. The tenant has to be two months overdue before the notice is served and if 80% of the rent is paid by some form of housing allowance then this has to be taken into consideration as well, so the tenant can remain in residence for some time before they owe over one month's full rental. The appropriate notice is then served and after two weeks court action can commence. It will probably take a few additional weeks to get a court date and the tenant must remain more than a whole month's rent overdue at the court date or the action under section 8 will fail. This is a mandatory ground for the grant of your possession order. Sections 10 and 11 - late and irregular payment of rent are not mandatory grounds and judges are well known for believing tennats' sob stories and not therefore granting the required order.
                            To explain some confusion which the above may be causing, the act requires the tenant to be two months overdue before comencing section 8 action. Rent is usually paid in advance thus if the tenant fails to pay the second month's rent when it is due, they become two months overdue because they haven't paid rent for one month and a day.

                            P.P.

                            Comment


                              #15
                              Here we go again.....advice on eviction

                              Hello......again.....

                              Finally managed to serve notice (S21) in the correct manner and my tenants agreed that they were going to go providing that we didn't claim on the bond guaranteed by FOUNDATION (new name). The tenants had caused some damage and some neglect

                              So we had a meeting and they agreed to repair the damage to an agreed standard etc. etc.

                              We went to get the keys and lo and behold they aren't going......basically because the property they had found had fallen through and they had no where to go.

                              They were also saying we had come to collect keys one day early, which is crap TBH, they told us they were going.


                              First of all am I correct in saying that you can serve an eviction order at any time, it's the notice period which must be given on the day of the month that the tenancy agreement started ?

                              They are now in a periodic agreement.

                              So I am this week going to serve an N5 with a N119.

                              Is this the correct thing to do ?

                              We don't want to go with the accelerated procedure.


                              help appreciated as ever !

                              Bob

                              Comment

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