Using PCOL- s.8 of 1988 Act- success!

[sbedvek]

New here - great site - it's been a big help to me so far.

Just a quickie - What are people's preferred method's of serving a section 8?

I've found three options so far -

1. Do it yourself online via possessionclaim.gov.uk - not sure of the cost
2. Instruct an agency - £65 is the lowest I found
3. Downloading a form from the web for £10

I'd be interested to hear people's thoughts as I need to do this in the next couple of days.

Many thanks.

[matthew_henson]

New here - great site - it's been a big help to me so far.

Just a quickie - What are people's preferred method's of serving a section 8?

I've found three options so far -

1. Do it yourself online via possessionclaim.gov.uk - not sure of the cost
2. Instruct an agency - £65 is the lowest I found
3. Downloading a form from the web for £10

I'd be interested to hear people's thoughts as I need to do this in the next couple of days.

Many thanks.

Download the form for free from this site or www.letlink.co.uk, ask the wonderful people on this board for a little advice to make sure you don't make a mistake and post using normal mail but asking for proof of posting and don't forget to keep a copy.... simples

[Snorkerz]

The section 8 is not a court process - so ignore www.possessionclaim.gov.uk for now.

The simplest way is to download a free s8 form off this site (see agreements above - you will have to re-register). Post it first class from 2 different post offices with free certificate of posting.

The court will accept that as served the following working day.
Do not use Recorded Delivery or similar - tenants can refuse delivery.

The above is what an agency will charge you £65 for.

Once your 14 days notice is up (presuming it is ground 8, 10 & 11) you can commence court proceedings using either www.possessionclaim.gov.uk for £100 or by paper forms at your local county court for £150.

[sbedvek]

Thanks guys - that's a big help. I didn't realise I could get it from this site. Marvellous. I'll get on it right away.

I genuinely think (hope!) that my tenants intend to pay up, they've just been a little slack and I need to take out some insurance as it were.

One question - why do I need to mail the form twice from two different post offices?

[Snorkerz]

One question - why do I need to mail the form twice from two different post offices?

If you only send a single copy, the tenant may claim as their defence that they never received your s8 notice. A judge is not going to believe that 2 notices from 2 separate sources will go astray.

[sbedvek]

Section 8 notice nearly up

Hi guys,

I posted a section 8 notice from two different post offices on Wednesday 21st. So, presumably, I can start the possession claim from the gov website on Thursday/Friday depending on whether the bank holiday counts or not.

How long is the wait for a court date? Anything else I need to know/prepare?

Also, the deposit is not protected (as stated in the tenancy agreement) because I never received a deposit. A cock-up on my part but because I knew the tenants I didn't forsee a problem. Beginners mistake that I won't be making next time.

Presumably this won't affect the court outcome.

Thanks in advance for your help/advice.

Kev

[Snorkerz]

I think you need to presume that the documents were served on Friday 23rd, so you can commence your possession claim on Friday - but I'd be inclined to wait until Monday to avoid arguments.

You will be given a hearing date when you submit your online claim - it varies depending on how busy your local court is - expect 4-6 weeks.

Your lack of deposit isn't an issue in this instance - don't worry.

[sbedvek]

One more thing. If the court grants a possession order. How long will it take to re-obtain possession of my house?

[Snorkerz]

One more thing. If the court grants a possession order. How long will it take to re-obtain possession of my house?

Judge will give a minimum of 14 days notice to tenant. If the tenant does not go, you will need to employ court bailiffs (not allowed to DIY) which will take around another fortnight (and cost money).

[sbedvek]

About to use Pcol for the first time

I need to use Pcol as a section 8 has now expired.

I've read the notes on the Pcol site and a couple of things bothered me....

Please check that PCOL is suitable for your claim before you start.
PCOL is suitable if:

• It is brought under Section I of Part 55.

• It includes a possession claim for residential property by - a landlord against a tenant, solely on the ground of arrears of rent (but not a claim for forfeiture of a lease); or a mortgagee against a mortgagor, solely on the ground of default in the payment of sums due under a mortgage.

I don't know what section I of Part 55 refers to and "but not a claim for forfeiture of a lease" seems vague. My tenants signed an AST.

Any advice on this greatly appreciated.

Thanks,
Kev

[davidjohnbutton]

If you are a landlord, owning the house with or without mortgage and you have issued your AST tenant with a S8 notice specifying at least ground 8, but potentially also grounds 10 and 11 for rent unpaid, then you are OK to issue using PCOL.

[jeffrey]

If you are a landlord, owning the house with or without mortgage and you have issued your AST tenant with a S8 notice specifying at least ground 8, but potentially also grounds 10 and 11 for rent unpaid, then you are OK to issue using PCOL.

Did you not mean "...at least ground 10, but potentially also ground 8 (and, if applicable, ground 11)..."?
If g8 applies, g10 always applies; but not vice-versa!

[davidjohnbutton]

Yes Jeffrey - but I was trying to simplify the answer, but to be pedantic, you are correct.

[jeffrey]

I wasn't trying to be pedantic (unusually for me, I know) but to correct your apparent error.
I imagine that you knew but, to be fair, sbedvek might well not. I cannot conceive of a case in which g8 applies but where g10 only 'potentially' applies.

[sbedvek]

Thanks guys. For the record, it's grounds 8, 10 and 11