messed up section 8

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  • messed up section 8

    Hi I issued a section 8 notice to my T for rent arrears, its getting close to the hearing so Im getting all my evidence together but I think I may have messed up the amount of arrears. It may just fall short of 8 weeks in arrears when I issued the notice they are currently 3 months in arrears.

    Rent due:525per month

    14th Aug paid £400 : - £125
    14th Sept paid 0 - £650
    14th Oct paid 0 - £1175

    I issued notice on 9th Oct to expire on the 23rd Oct
    THe problem is T paid part payment for Aug can I accrue rent per day after September was missed or should I have waited until 14th October and they would have been over 2 months in arrears
    I have a S21 notice due to expire in 3 weeks anyway
    Any help apprieciated

  • #2
    Originally posted by kharri99 View Post
    I issued a section 8 notice to my T for rent arrears...
    No, s.8 g8 is for 'unpaid' rent not arrears.

    Originally posted by kharri99 View Post
    It may just fall short of 8 weeks in arrears when I issued the notice they are currently 3 months in arrears.
    Originally posted by kharri99 View Post
    14th Aug paid £400 : - £125
    14th Sept paid 0 - £650
    14th Oct paid 0 - £1175
    For s.8 g8, 2 months rent (as rent is paid monthly) needs to be unpaid - which according to your figures highlighted above, is the case.

    Originally posted by kharri99 View Post
    I issued notice on 9th Oct to expire on the 23rd Oct
    If notice is served by mail (with proof of postage) then 3 working days delivery is preferable. If served in person before 5pm, with an independent witness then above dates should be Ok. Assuming a valid notice has been served, proceed with the s.8 route.
    The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

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    • #3
      Were Grounds 10 & 11 included on your S.8 Notice as you might need to rely on this if Ground 8 is invalid, although of course they are both discretionary?
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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      • #4
        Originally posted by kharri99 View Post
        Hi I issued a section 8 notice to my T for rent arrears, its getting close to the hearing so Im getting all my evidence together but I think I may have messed up the amount of arrears. It may just fall short of 8 weeks in arrears when I issued the notice they are currently 3 months in arrears.

        Rent due:525per month

        14th Aug paid £400 : - £125
        14th Sept paid 0 - £650
        14th Oct paid 0 - £1175

        I issued notice on 9th Oct to expire on the 23rd Oct
        THe problem is T paid part payment for Aug can I accrue rent per day after September was missed or should I have waited until 14th October and they would have been over 2 months in arrears
        I have a S21 notice due to expire in 3 weeks anyway
        Any help apprieciated
        1. You can issue a S8 notice on grounds of unpaid rent at any time. Gnd 8 is valid if unpaid rent is 2 or more months, for which you get mandatory possession if the condition is fulfilled on day of hearing. Gnds 10 & 11 are usually included when issuing a S8 g8, but granting of possession on these two is discretionary.

        2. You can't accrue rent on a daily basis.

        3. As of 9th Oct, only £775 of rent was unpaid, so Gnd 8 was not valid when issued, but if you included Gnds 10 & 11, notice is still valid. A picky judge might pick up on it, but it may be a mute point if Gnd 8 still applies on date of hearing.

        This may help: I found myself in a similar situation recently. I issued a S8 on gnds 10 & 11 earlier in the year when a T was playing up, in the hope that it would jolt her. It did, things got better then went down hill again. I forgot to issue another S8 when she had 2 months unpaid, and didn’t realise it until I sat down to apply for court hearing. I took my chance anyway and applied for court hearing based on the existing S8, but included Gnd 8 wording in the application. In my witness pack that went to court, I stated all the three grounds, and requested for possession on the basis of more than 2 months rent unpaid. Got possession order yesterday.

        HTH

        Comment


        • #5
          Thanks for the speedy replies.
          [QUOTE]For s.8 g8, 2 months rent (as rent is paid monthly) needs to be unpaid - which according to your figures highlighted above, is the case.

          Yes I applied for grounds 10,11. T hasn't paid once on time and has been close to 2 months unpaid for a long time.

          My logic was that because she didn't pay the full rent in August I wouldn't have to wait until 14th October because T would have over two months unpaid.


          Would you say the main points the judge will consider are.
          1: The notice was served correctly.
          2: She is more than two months in arrears at time of hearing.

          I sent 2 copies of notice to T one recorded, and one 1st class with proof of postage, sent these on the 6th October. T confirmed these arrived on the 7th

          Im in the process of putting together my witness pack do I have to send a copy to the T as well as court.

          Comment


          • #6
            Originally posted by kharri99 View Post

            Would you say the main points the judge will consider are.
            1: The notice was served correctly.
            2: She is more than two months in arrears at time of hearing.
            Yes

            Originally posted by kharri99 View Post
            Im in the process of putting together my witness pack do I have to send a copy to the T as well as court.
            Yes. Make three copies, one for court, one for T - and send to them, and one for you.

            Comment


            • #7
              Originally posted by kharri99 View Post
              My logic was that because she didn't pay the full rent in August I wouldn't have to wait until 14th October because T would have over two months unpaid.
              No, on that point- until October's rent day came and went without T paying, T did not yet owe at least two months' rent.
              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.
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              4. *- Contact info: click on my name (blue-highlight link).

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              • #8
                Thanks for the replies I will get the witness pack posted, and hopefully the hearing will go well.

                Comment

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