Issuing Section 8 - how much/little details is needed in Part 4

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Issuing Section 8 - how much/little details is needed in Part 4

    Its a pretty easy one for the regulars to answer and I've searched the forum/google without seeing a clear answer(well for free at least). I've finally plucked up the courage to issue a Section 8 and I will be citing ground 8, 10 and 11.

    For part 4 of the notice is states "Give a full explanation of why each ground is being relied on".

    At the moment my notice is similar to below:
    Ground 8:Rent is payable monthly and at least two months rent is unpaid.

    Ground 10: Amount £X is outstanding to date and Amount £Y will be outstanding by the expiration of the notice and Amount £Z will be the amount it increases on a monthly basis.

    Ground 11: The tenant has persistantly failed to pay rent which is lawfully due - see attached rent schedule.

    Is the above information enough or do I have to go into more detail?
    I want to keep it factual without drama but unsure if thats enough information, essentially my 'full explanation' is currently a maximum of 2 lines long for each ground.

  • #2
    I believe that the Court will want full details. Why not do a tabulation showing:
    a. down left side, each date on which rent fell due and the amount falling due; and
    b. down right side, each date on which a payment was made and the amount paid (plus the resultant credit or debit figure c/f)?
    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

    Latest Activity

    Collapse

    • One tenant moving out and two remaining - who pays for the checkout/inventory?
      IoIo
      Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)? England

      Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only? Three people all listed as the Tenant under the agreement

      Q3 – What date did current...
      26-07-2017, 16:38 PM
    • Reply to One tenant moving out and two remaining - who pays for the checkout/inventory?
      mariner
      'The Tenant' (all 3), can vacate at end of fixed term with no Notice. If remainers sign a new AST to commence after fixed termpref naming new joint, this sould replace original AST. Deed of Surrender is 'belt & brace'.

      If incomer signs a Deed of Assignment they only inherit the term...
      28-07-2017, 00:28 AM
    • Lease extension
      chrisco
      Hi All, I have approached the freeholder on an informal basis to extend the lease of a flat I own as a rental. He has come up with reasonable price for the premium to extend to 125 years from now but wants to double the ground rent every 25 years (from £80 to £160 p/a initially). My solicitor has...
      27-07-2017, 23:59 PM
    • Reply to One tenant moving out and two remaining - who pays for the checkout/inventory?
      DPT57
      I think the problem may be that they are not really 'moving out'. There is a long thread elsewhere on the forum that may be of interest. Although unresolved, it suggests that if some of them don't move out then an SPT will arise automatically for all of them. I really don't want to restart that discussion...
      27-07-2017, 23:18 PM
    • TO SELL OR (VS) TO RENT ? 91 Years Lease Flat In London...
      alenuk
      Dear All
      Going through some changes...
      I am just going through divorce that need to be Absolute in approx 2 months.
      Also have just left work after 8 years...really need new challenge as they said.

      I do have one buy to let property in London that have been renting for approx...
      25-07-2017, 14:05 PM
    • Reply to TO SELL OR (VS) TO RENT ? 91 Years Lease Flat In London...
      DPT57
      The Leasehold Advisory Service has an online lease extension calculator that should give you a rough idea of the cost.
      27-07-2017, 22:47 PM
    • Extremely anti-social and criminal tenant -Section 8
      BouwensPB
      I have an extremely anti-social and criminal tenant. My neighbours think she is possibly a sex worker and drugs abusing and dealing. She has made a witnessed and CCTV sited assault on one neighbour and has verbally abused others. 3 crimes have been reported and the local authority talk about making...
      26-07-2017, 16:09 PM
    • Reply to Extremely anti-social and criminal tenant -Section 8
      Galatea
      I have experienced far more dificult cases than that from my neighbour's tenants with my front window and my flat door window cracked.

      Make an offer she cannot refuse. Carrots work better.

      Local Authorities are slow moving because shortage of housing is a problem.
      27-07-2017, 22:25 PM
    • Burglary Damage - Who Pays?
      Pb21
      Our rented flat was broken into, in the process the Yale lock was broken and cost £100 to repair. The landlord is refusing to pay this on the basis we didn’t also lock the door with the mortice lock. We didn’t use the mortice lock as it wasn’t working although the landlord did not know this....
      25-07-2017, 11:40 AM
    • Reply to Burglary Damage - Who Pays?
      Galatea
      Since the Yale was broken it proves the tenants took responsible measures for the security: they locked the door.
      The yale is necessary for security. It is sufficient and safe to use in case of a fire because you could get out quickly operating the lock with the thump ie you don't want to be looking...
      27-07-2017, 22:13 PM
    Working...
    X