Section 8 Notice Advice

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  • Section 8 Notice Advice

    I attended court today to try and get a possession order against a tenant on Discretionary Grounds 10 & 11.

    The hearing has been adjourned until may.

    I wondered, as the tenant is now 2 months in arrears (she wasn't at original service of S8), and I am confident she will also be 2 months in arrears at the date of the re-scheduled hearing, is there any value in me issuing another S8 citing ground 8 now so that I can go for mandatory possession?

    Or would this new S8 only be usable if I apply for a completely new hearing?

    Advice appreciated as always.

  • #2
    What was the reason for adjournment?

    Comment


    • #3
      So the tenant can prepare a defence. I guess the 4 months between getting the S8 and now wasn't long enough. :-(

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      • #4
        anyone help?

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        • #5
          I believe you can add grounds to a s8 - but I don't know if that would apply once a hearing has taken place. The court staff should be able to answer that as it is a procedural query rather than a legal one.

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          • #6
            Originally posted by Snorkerz View Post
            I believe you can add grounds to a s8 - but I don't know if that would apply once a hearing has taken place. The court staff should be able to answer that as it is a procedural query rather than a legal one.
            See s.8(2) below, esp. the words that I have underlined:

            8. Notice of proceedings for possession.
            (1) The court shall not entertain proceedings for possession of a dwelling-house let on an assured tenancy unless—
            (a) the landlord or, in the case of joint landlords, at least one of them has served on the tenant a notice in accordance with this section and the proceedings are begun within the time limits stated in the notice in accordance with subsections (3) to (4B) below; or
            (b) the court considers it just and equitable to dispense with the requirement of such a notice.
            (2) The court shall not make an order for possession on any of the grounds in Schedule 2 to this Act unless that ground and particulars of it are specified in the notice under this section; but the grounds specified in such a notice may be altered or added to with the leave of the court...
            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).

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            • #7
              Does that mean I need to issue another S8 citing ground 8, or do I have to ask the court whether i can ammend the original notice to add it?

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              • #8
                If the Court had already heard the case and made an Order, it could not now amend the Order. A new s.8 Notice/application would be needed. However, the matter stands adjourned- so I assume that you could serve the new s.8 Notice (on g8) now, then ask (at the resumed hearing) for the Court to exercise its discretion and grant leave to add g8.
                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


                • #9
                  I'll try it & post back how successful it was once i go back then.

                  Many thanks.

                  Comment


                  • #10
                    I said i'd post back how successful my attempt was to issue a S8 G8 notice after the first hearing was adjourned....

                    The judge refused it saying that the proceedings had already commenced, even though they had been adjourned. He said the H.A. was quite specific in it's wording, and refused to acknowledge this notice as valid.

                    That said, my original S8 with G10 & 11 was valid and he proceeded to give my scumbag non-payer and his solicitor a good roasting and give me a 28 day possession anyway :-)

                    Comment

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