Notice (s.8 of Housing Act 1988); PCOL; hearing rules

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

  • Notice (s.8 of Housing Act 1988); PCOL; hearing rules

    i've served an s8 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!

  • #2
    claim possession form

    hi

    does anyone have any advice about my last thread?

    i've been through the site and came across this web page:
    http://www.landlordzone.co.uk/agreements.htm

    what forms from all these should i submit for rent arrears (ground 8, 10 and 11)?

    and can i submit them to the court the day the 17 daynotice expires, the 23rd april?

    thanks

    Comment


    • #3
      Grounds 8/10/11 are found in Schedule 2 to the Housing Act 1988. To use them, serve a Notice under s.8.
      [And forget the word 'arrears'; what you need to show is rent unpaid, not the same thing at all.]
      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


      • #4
        s8 online

        is it easier and cheaper to apply for the s8 possession order online via pcol?

        does it take you through both the n5 and n119 forms online?

        thanks

        Comment


        • #5
          hi jeffrey

          just going back to this thread

          for ground 8 explanation in the section 8 court possession documents i've written: 'there are 12 weeks rent arrears'

          should i have written 12 weeks rent remains unpaid?

          didnt realise that there's a difference betwwen arrears and rent unpaid!

          Comment


          • #6
            Yes, because that's what the Act requires L to show.
            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


            • #7
              does everyone agree with jeffrey's htread i wonder?

              i thought arrears is the same as rent unpaid

              if the rent were paid, there would be no arrears

              if not paid, there would be arrears

              Comment


              • #8
                No, they're not the same. Parliament expressly used different terminology*.
                Example:
                1. Rent is due on first day of each month, in advance.
                2. All rent was fully paid up to and inc.the end of February.
                3. On 1 March and 1 April, nothing is paid.
                4. When does T first owe two months' rent? On 2 April
                5. When is T first two months in arrears? On 30 April/ 1 May.

                *- here's ground 8 in full, with my underlinings:

                Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing:
                (a) if rent is payable weekly or fortnightly, at least eight weeks’ rent is unpaid;
                (b) if rent is payable monthly, at least two months’ rent is unpaid;
                (c) if rent is payable quarterly, at least one quarter’s rent is more than three months in arrears; and
                (d) if rent is payable yearly, at least three months’ rent is more than three months in arrears;
                and for the purpose of this ground “rent” means rent lawfully due from the tenant.
                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
                  s8 particulars

                  ah yes - thank you jeffrey!

                  i was wondering if you could help me with the 'particulars of claim for possession' form

                  for section 4, they are the questions:

                  the reasons the claimant is asking for possession is:
                  (a) because the defendant has not paid the rent due under the terms of the tenancy agreement (details are set below)
                  (b) because the tenant has failed to comply with other temrs of the tenancy
                  (c) because: (including any (other) statutory grounds)

                  i've only answer (a), as follows: 12 weeks rent (£££) remains unpaid to to date, please refer to rent statement for more details

                  i've left the rest blank

                  is this a suitable answer for (a)?

                  do i need to answer part (b) and (c)? the notice states grounds 8, 10 and 11

                  thanks v much

                  Comment


                  • #10
                    n119

                    1. why not use PCOL. Price is £100, and you'll quite likely get a date earlier than if you send in the paper version.

                    2. potential answers to your questions. Delete as applicable and fill in figures as applicable.
                    4(a)
                    Gnd 8: The Tenant pays rent (monthy/weekly), and at least (two months/8 weeks) rent is unpaid. The (monthly/weekly) rent being (£pcm), and the total outstanding rent being £(amount owing).

                    Gnd 10: The Tenant owes £(amount owing) which is rent lawfully due and is unpaid on the date on which this notice is served. This is increasing at a rate of £(daily rate) per day.

                    4(b) Gnd 11: The Tenant has persistently delayed paying the full rent due etc.etc. inspite of reminders requesting full payment.

                    Comment


                    • #11
                      s8 advice

                      thank you havenRus

                      1. i'm going to try pcol today - do i need access to a scanner to scan in the AST/ notice etc.?

                      2. another thing i should add, i am the agent - i am allowed to evict the tenant this way arent i? i'm including a land registry of the landlord and the agreement with the owner that i'm managing the property

                      3. or shall i exclude this and leave out the owner of the property to simplify matters? would the court waste their time looking into who the actual owner is? the tenant assumes its me - the contract only has my name as landlord

                      Comment


                      • #12
                        You don't ned a scanner, the paperwork is submitted by mail or at court.

                        This situation regarding the tenant not knowing that you aren't the landlord sounds a bit dodgy and I feel could come back and bite you on the b*m. I am sure others will be along shortly to explore that.

                        Comment


                        • #13
                          thanks

                          the owner is my uncle

                          he's never got involved tho, i've always managed the property

                          Comment


                          • #14
                            hi

                            i'm doing the pcol online as advised

                            1. for the reasons for possession shall i cut and paste the sentences below?
                            Gnd 8: The Tenant pays rent (monthy/weekly), and at least (two months/8 weeks) rent is unpaid. The (monthly/weekly) rent being (£pcm), and the total outstanding rent being £(amount owing).
                            Gnd 10: The Tenant owes £(amount owing) which is rent lawfully due and is unpaid on the date on which this notice is served. This is increasing at a rate of £(daily rate) per day.
                            4(b) Gnd 11: The Tenant has persistently delayed paying the full rent due etc.etc. inspite of reminders requesting full payment.

                            2. should i write anything for recovery steps already taken? should i mentioned the 16 days noctice i served on the tenant? or should i only fill this in if i have previously put in a claim for possession?

                            3. why does it ask for financial information from myself (the claimant)?

                            Comment


                            • #15
                              You'll need more details re the rent. When lodging any s.8 Notice, L needs to ensure that it meets all statutory requirements. For instance, it must:
                              a. list the ground(s) on which L is to rely;
                              b. set-out the text of the ground(s) IN FULL; and
                              c. state explicitly what T has done (or omitted to do) that is in breach.

                              So a rent-based s.8 needs full schedules showing what T:
                              a. should have paid (and when); as against
                              b. actually paid (and when).
                              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

                              Working...
                              X