is this a good section 8 notice?

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    is this a good section 8 notice?

    Howdy, great website, very useful, would just like to know if this is a good notice i wrote up with the help of the site:

    "Section 8 Notice Page 1 of 3
    Statutory Instrument 1997 No. 194
    The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997
    Housing Act 1988 section 8 as amended by section 151 of the Housing Act 1996
    Notice seeking possession of a property let on an Assured Tenancy

    1.

    2. Your landlord intends to apply to the court for an order requiring you to give up possession of:

    3. Your landlord intends to seek possession on ground(s) 8, 10 and 11 in
    Schedule 2 to the Housing Act 1988, as amended by the Housing Act 1996, which read(s):

    Ground 8:

    Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing—
    (a)
    if rent is payable weekly or fortnightly, at least [eight weeks’] rent is unpaid;
    (b)
    if rent is payable monthly, at least [two months’] rent is unpaid;
    (c)
    if rent is payable quarterly, at least one quarter’s rent is more than three months in arrears; and
    (d)
    if rent is payable yearly, at least three months’ rent is more than three months in arrears;
    and for the purpose of this ground “rent” means rent lawfully due from the tenant.


    Ground 10:

    Some rent lawfully due from the tenant—
    (a)
    is unpaid on the date on which the proceedings for possession are begun; and
    (b)
    except where subsection (1)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings.

    Ground 11:

    Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.


    4. Ground 8 – 6 MONTHS RENT UNPAID
    Ground 10 – No rent paid for 6 months, 6 MONTHS RENT DUE.
    Ground 11 – the tenant has persistently delayed paying rent which has become lawfully due, 6 months rent arrears, and the tenant has only made 3 payments since October.
    5. The court proceedings will not begin until after: September 2009

    6. Name and address of landlord:

    Signed

    --------------------------------------------------------------------------------

    Date: 03/08/09"

    please let me know what you think.

    Cheers

    #2
    there is a free copy of a proper S8 that you can download from LZ.

    go to http://www.landlordzone.co.uk/agreements_registered.htm and look under the Rent arrears and evictions list.

    Comment


      #3
      thank you havensRus

      Comment


        #4
        used the free one from the site, this is how it looks:

        ---------------------------------------------------------------

        Section 8 Notice Page 1 of 3
        Statutory Instrument 1997 No. 194
        The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997
        Housing Act 1988 section 8 as amended by section 151 of the Housing Act 1996
        Notice seeking possession of a property let on an Assured Tenancy or an Assured
        Agricultural Occupancy
        Please write clearly in black ink. Please tick boxes where appropriate and cross out text marked with an
        asterisk (* ) that does not apply.
        This form should be used where possession of accommodation let under an assured tenancy, an assured
        agricultural occupancy or an assured shorthold tenancy is sought on one of the grounds in Schedule 2 to the
        Housing Act 1988.
        Do not use this form if possession is sought on the "shorthold" ground under section 21 of the Housing Act
        1988 from an assured shorthold tenant where the fixed term has come to an end or, for assured shorthold
        tenancies with no fixed term which started on or after 28th February 1997, after six months has elapsed.
        There is no prescribed form for these cases, but you must give notice in writing.
        __________________________________________________ ____________________________________
        1. To: Miss J
        --------------------------------------------------------------------------------
        Name(s) of tenant(s)/licensee(s)*
        2. Your landlord/licensor* intends to apply to the court for an order requiring you to give up possession of:
        --------------------------------------------------------------------------------
        --------------------------------------------------------------------------------
        --------------------------------------------------------------------------------
        Address of premises
        3. Your landlord/licensor* intends to seek possession on ground(s) 8, 10 and 11. in
        Schedule 2 to the Housing Act 1988, as amended by the Housing Act 1996, which read(s):

        Ground 8:

        Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing—
        (a)
        if rent is payable weekly or fortnightly, at least [eight weeks’] rent is unpaid;
        (b)
        if rent is payable monthly, at least [two months’] rent is unpaid;
        (c)
        if rent is payable quarterly, at least one quarter’s rent is more than three months in arrears; and
        (d)
        if rent is payable yearly, at least three months’ rent is more than three months in arrears;
        and for the purpose of this ground “rent” means rent lawfully due from the tenant.


        Ground 10:

        Some rent lawfully due from the tenant—
        (a)
        is unpaid on the date on which the proceedings for possession are begun; and
        (b)
        except where subsection (1)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings.

        Ground 11:

        Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.

        --------------------------------------------------------------------------------
        --------------------------------------------------------------------------------
        Give the full text (as set out in the Housing Act 1988 as amended by the Housing Act 1996) of each ground
        which is being relied on. Continue on a separate sheet if necessary.
        --------------------------------------------------------------------------------
        4. Give a full explanation of why each ground is being relied on:

        Ground 8 – 6 MONTHS RENT UNPAID
        Ground 10 – No rent paid for 6 months, 65 MONTHS RENT DUE.
        Ground 11 – the tenant has persistently delayed paying rent which has become lawfully due, 6 months rent arrears, and the tenant has only made 3 payments since October.
        Section 8 Notice Page 2 of 3

        Continue on a separate sheet if necessary.

        Notes on the grounds for possession:

        If the court is satisfied that any of grounds 1 to 8 is established, it must make an order (but see below in
        respect of fixed term tenancies).
        Before the court will grant an order on any of grounds 9 to 17, it must be satisfied that it is reasonable to
        require you to leave. This means that, if one of these grounds is set out in section 3, you will be able to
        suggest to the court that it is not reasonable that you should have to leave, even if you accept that the
        ground applies.
        The court will not make an order under grounds 1, 3 to 7, 9 or 16, to take effect during the fixed term of the
        tenancy (if there is one) and it will only make an order during the fixed term on grounds 2, 8, 10 to 15 or 17
        if the terms of the tenancy make provision for it to be brought to an end on any of these grounds.
        Where the court makes an order for possession solely on ground 6 or 9, the landlord must pay your
        reasonable removal expenses.
        5. The court proceedings will not begin until after: September 2009
        --------------------------------------------------------------------------------
        Give the earliest date on which court proceedings can be brought
        Where the landlord is seeking possession on grounds 1, 2, 5 to 7, 9 or 16, court proceedings cannot begin
        earlier than 2 months from the date this notice is served on you (even where one of grounds 3, 4, 8, 10 to
        13, 14A, 15 or 17 is specified) and not before the date on which the tenancy (had it not been assured) could
        have been brought to an end by a notice to quit served at the same time as this notice.
        Where the landlord is seeking possession on grounds 3, 4, 8, 10 to 13, 14A, 15 or 17, court proceedings
        cannot begin earlier than 2 weeks from the date this notice is served (unless one of 1, 2, 5 to 7, 9 or 16
        grounds is also specified in which case they cannot begin earlier than two months from the date this notice
        is served).
        Where the landlord is seeking possession on ground 14 (with or without other grounds), court proceedings
        cannot begin before the date this notice is served.
        Where the landlord is seeking possession on ground 14A, court proceedings cannot begin unless the
        landlord has served, or has taken all reasonable steps to serve, a copy of this notice on the partner who has
        left the property.
        After the date shown in section 5, court proceedings may be begun at once but not later than 12 months
        from the date on which this notice is served. After this time the notice will lapse and a new notice must be
        served before possession can be sought.
        Section 8 Notice Page 3 of 3
        6. Name and address of landlord/licensor* .
        To be signed and dated by the landlord or licensor or his agent (someone acting for him). If there are joint
        landlords each landlord or the agent must sign unless one signs on behalf of the rest with their agreement.


        Signed --------------------------------------------------------------------------------


        Date:


        Please specify whether: landlord licensor joint landlords landlord's agent
        Name(s) (Block Capitals)

        --------------------------------------------------------------------------------
        --------------------------------------------------------------------------------
        Postal Address:



        --------------------------------------------------------------------------------
        --------------------------------------------------------------------------------
        --------------------------------------------------------------------------------
        Telephone – Daytime

        --------------------------------------------------------------------------------
        Evening

        --------------------------------------------------------------------------------
        Mobile
        --------------------------------------------------------------------------------
        E-mail Address

        What to do if this notice is served on you:
        This notice is the first step requiring you to give up possession of your home. You should read it very
        carefully.
        Your landlord cannot make you leave your home without an order for possession issued by a court. By
        issuing this notice your landlord is informing you that he intends to seek such an order. If you are willing to
        give up possession without a court order, you should tell the person who signed this notice as soon as
        possible and say when you are prepared to leave.
        Whichever grounds are set out in section 3 of this form, the court may allow any of the other grounds to be
        added at a later date. If this is done, you will be told about it so you can discuss the additional grounds at
        the court hearing as well as the grounds set out in section 3.
        If you need advice about this notice, and what you should do about it, take it immediately to a citizens'
        advice bureau, a housing advice centre, a law centre or a solicitor.

        -----------------------------------------------------------------

        should i print it off and serve it?

        thanks

        Comment


          #5
          Post #4's version seems OK except as folows:

          Ground 8: omit the square brackets. They do not form part of the ground's wording.

          Paragraph 4 ('full explanation'): it's far better to produce/attach a tabulation showing:
          a. on the left, dates on which rent fell due and the amounts so due; and
          b. on the right, dates on which payments were received and the amounts so paid;
          with a cumulation at the foot to show rent now unpaid (plus notation as to periods when amount unpaid exceeded two months').
          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


            #6
            excellent, jeffrey, many thanks, will do that.

            Comment

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