Section 8 - 2 months in arrears question

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    Section 8 - 2 months in arrears question

    Just reading up on the details of section 8 and evicting of tenants who do not pay. My tenant already owes me rent from Dec 2009 and has not paid despite letters, e-mails, txt msgs, and phone calls.

    Rent is paid in advance. So the Dec 2009 payment would have been for the Dec 2009 month. No section 8 ground 8 requires that the tenant is owing 8 weeks rents when you serve the notice.

    My question is, can I serve the section 8 when the rent for Jan 2010 becomes due early this month as I would have thought he is then owing 8 weeks worth of rent in effect? Or do I have to wait until the full 8 weeks of non-payment to be up before I can serve notice?

    He also paid late in month 2 of his tenancy. Obviously hasn't paid month 3 as yet, and doesn't look likely he will pay month 4. Is that enough to list ground 10 as well on the section 8 notice?

    Thanks.

    #2
    Hi again,

    I have just done more digging around in the suggested links and think I have found the answer. But further confirmation would not be unwelcome.

    The tenant did also have a guarantor on file. I have written to them demanding payment but no payment has been forthcoming. Where do I stand in this case? Do I have to take in to consideration the guarantor before serving a section 8? Does it complicate things?

    Thanks.

    Comment


      #3
      You can serve the S8 grounds 8/10/11 as soon as the rent is 2 months unpaid, that is effectively one month and one day. (two rent days).
      You can demand the money from the guarantor, if it's not forthcoming then issue a court claim on both of them.
      I offer no guarantee that anything I say is correct. wysiwyg

      Comment


        #4
        Thanks.

        That sounds expensive - 2 court fees instead of just one.

        This is going to be the first time I am going to have to evict someone (and go to court). Scary!

        This tenant was found by the agency I was using (which has now disappeared leaving a mess - see my other posts). After this experience with agencies I am definitely going to stick to managing things myself from now on even though I live many miles away from my property. Being in control of things and making sure things get done properly more than compensates for the effort and petrol costs (and I save on the agency fees anyway).

        Comment


          #5
          One court fee. Join them both in the same action.
          I offer no guarantee that anything I say is correct. wysiwyg

          Comment


            #6
            Originally posted by jta View Post
            One court fee. Join them both in the same action.
            Can you include a guarantor in a S8 repossession (as opposed to a small claim?)

            Comment


              #7
              Originally posted by Ericthelobster View Post
              Can you include a guarantor in a S8 repossession (as opposed to a small claim?)
              Ah! Dunno! Jeffrey?
              I offer no guarantee that anything I say is correct. wysiwyg

              Comment


                #8
                Originally posted by agoodlandlord View Post
                My question is, can I serve the section 8 when the rent for Jan 2010 becomes due early this month as I would have thought he is then owing 8 weeks worth of rent in effect? Or do I have to wait until the full 8 weeks of non-payment to be up before I can serve notice?
                Serve s.8, g8, 10, 11 on tenant (T), as soon as:
                (a) 8 weeks rent is unpaid- if rent paid weekly, or
                (b) 2 months rent is unpaid- if rent paid monthly.

                g8 is a mandatory ground, and is applicable under (a) & (b). g10, 11 are discretionary grounds.


                Originally posted by Ericthelobster View Post
                Can you include a guarantor in a S8 repossession (as opposed to a small claim?)
                s.8 claim will be against T not guarantor.
                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 .

                Comment


                  #9
                  Originally posted by Ericthelobster View Post
                  Can you include a guarantor in a S8 repossession (as opposed to a small claim?)
                  Originally posted by tom999 View Post
                  s.8 claim will be against T not guarantor.
                  Yes, although L's right to recover the debt will be against T and G.
                  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


                    #10
                    If after serving the section 8 the tenant vacates the property within the 14 days, do I still need to go to court to get possession. If tenant does not inform me that they are vacating could I go to the property on day 14 to see if they have left on their own? Would it be legal to do this and then change the locks if it appears that they have left the property?

                    Comment

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