s8 delays

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  • s8 delays

    what are the main reasons for a section 8 being delayed for many months?

    i have a tenant with rent arrears (over 2 months), halfway through a 12 month contract

    do they usually go through smoothly, or are there potential delays that i should be aware of before going down this route?

    also, what are the approximate costs involved? and can the costs escalate if there are delays?

    thanks a lot for ur help

  • #2
    Sounds like you need to do a lot of reading up on the process - browsing this forum is a good start.

    Reposession is mandatory if arrears are over two months at the time of the court hearing, provided all your paperwork is in order.

    If there are no screw-ups, then other than that the biggest cause if 'delays' would simply be the waiting list at your local court, which you can ask them about.

    Costs - are you intending to d-i-y, or instruct someone to do it for you - if so, that will be the lion's share of the costs (other than more higher rent arrears if something goes wrong and you don't get possession when you hope.

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    • #3
      thanks eric

      i've done a lot of reading!

      i've served the notice, with 17 days notice to allow for postage

      it expires on the 23rd april - can i submit the papers to the court on that day? or does it have to be the following day?

      am i right in syaing i need to fill in these forms to submit to court? forms N5 and N119

      if so, does anyone have the online link for me to do this? is the cost the same as the s21 (£150)?

      thanks

      Comment


      • #4
        Originally posted by Ericthelobster View Post
        Reposession is mandatory if arrears are over two months at the time of the court hearing, provided all your paperwork is in order.
        This is not quite right and a common error, it is if 2 months rent remains unpaid (not in arrears) at the time of service of the S.8 Notice and the court hearing, so if rent is due monthly in advance then you can serve your Notice on the day after the second months rent becomes due.
        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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        • #5
          Careful, or mind the gap will be round to bite your legs for being pedantic.
          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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          • #6
            I know - he (or is it "she"?) just has to have the last word!
            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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            • #7
              It's bad when people do that, isn't it.
              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


              • #8
                Originally posted by jeffrey View Post
                It's bad when people do that, isn't it.
                Actually the last word is only applicable when one leaves a suicide note or your will is read and you leave all your fortune to the cat. What a wonderful way to spite the relatives. Oh and with a stipulation that if the cat dies before the relatives, both the money and the cat must be cremated.
                To know how rich you are, count the things you have which money can't buy.

                Comment


                • #9
                  Old joke re Will clause
                  "And to my brother Bob who wanted to be remembered in my Will: hiya, Bob!"
                  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
                    Originally posted by wilfred View Post
                    the cat must be cremated.
                    Cremation without a cat is just remion.
                    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


                    • #11
                      Originally posted by jeffrey View Post
                      Old joke re Will clause
                      "And to my brother Bob who wanted to be remembered in my Will: hiya, Bob!"
                      Recognise that from somewhere. My biggest fear, being embalmed and buried alive, well I don't mind the embalmed bit, I suppose it depends who's doing it.
                      To know how rich you are, count the things you have which money can't buy.

                      Comment


                      • #12
                        Or Woody Allen's "I'm not afraid of death; I just want to be somewhere else when it happens."
                        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


                        • #13
                          Originally posted by wilfred View Post
                          Recognise that from somewhere. My biggest fear, being embalmed and buried alive, well I don't mind the embalmed bit, I suppose it depends who's doing it.
                          Not sure I'd like to be embalmed alive though.

                          Comment


                          • #14
                            Is there embalming in Gilead? I think that we should be told.
                            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

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