Using grounds 8/10/11 (Sch. 2 to 1988 Act)

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    Using grounds 8/10/11 (Sch. 2 to 1988 Act)

    Just a quick question - do I need to give T a 2 week section 8 notice ? Or can I just go stright to getting possession?

    Also what's the best proof of this?

    #2
    Originally posted by Ollie View Post
    Just a quick question - do I need to give T a 2 week section 8 notice ? Or can I just go stright to getting possession?

    Also what's the best proof of this?
    If it is a weekly tenancy, you can give 14 days notice once tenant owes 8 weeks rent. (usually 7 weeks & a day after first non-payment)

    If it is a monthly tenancy, you can give 14 days notice once tenant owes 2 months rent. (usually 1 month & a day after first non-payment)

    Make 2 copies of the notice and send it by regular first class post from 2 different post offices, obtaining free certificates of posting. The court will acept that as served 2 business days later.

    Comment


      #3
      I guess that means I have to give them notice! So if I issue them this tomorrow - that means I have to wait 2 weeks untill I go to courts? (Also the ending date will be 16 days from the day I send it? ... 2 days postage + 14 days notice?)

      Comment


        #4
        Originally posted by Ollie View Post
        I guess that means I have to give them notice! So if I issue them this tomorrow - that means I have to wait 2 weeks untill I go to courts? (Also the ending date will be 16 days from the day I send it? ... 2 days postage + 14 days notice?)
        Yes - you would be advised to cite grounds 8, 10 & 11 just incase tenant manages to get arrears below the 8 weeks / 2 months limit - which would de-rail your application under g8. Grounds 10 & 11 are at the judges discretion but at least it's a chance.

        Post on 20th, considered served on 22nd. Apply to court any day AFTER 6th May

        Comment


          #5
          Whilst those posts are correct, note that a s.8 Notice which includes g14 (alone or with other grounds) has no need of any Notice period.
          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


            #6
            Originally posted by jeffrey View Post
            Whilst those posts are correct, note that a s.8 Notice which includes g14 (alone or with other grounds) has no need of any Notice period.
            Are you absolutely sure about that Jeffrey? I would have thought logically that you would have to wait 14 days if you included grounds 8,10 and 11 (the usual rent unpaid/or late provisions) and ground 14 (behaviour to express it in simple terms) in the same notice. I cannot see how the waiting time of 14 days for ground 8,10 and 11 could be negated by the inclusion of ground 14 which as you correctly say you could normally proceed on immediately it is served.

            Looking at it when such a case appeared before court, I can forsee an argument that if ground 14 fails and the landlord then goes on to rely on ground 8 (assuming there to be the statutory amount of unpaid rent to incur a mandatory possession order) the tenant had not been given the required amount of time of 14 days before proceedings commenced.

            I have to say that, because of my doubt, if I were to include grounds 8,10,11 and 14 in the same S8 notice, I would date the court action to commence after 14 days from service and in practice wait a few days more than that to allow service if by post.

            Comment


              #7
              Yes, I'm sure re g14. Here's s.8, down to s.8(4B), with my underlining in s.8(4) that proves the point:

              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 [F1subsections (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.

              (3) A notice under this section is one in the prescribed form informing the tenant that:
              (a) the landlord intends to begin proceedings for possession of the dwelling-house on one or more of the grounds specified in the notice; and
              (b) those proceedings will not begin earlier than a date specified in the notice in accordance with subsections (4) to (4B) below; and
              (c) those proceedings will not begin later than twelve months from the date of service of the notice.

              (4) If a notice under this section specifies in accordance with subsection (3)(a) above Ground 14 in Schedule 2 to this Act (whether with or without other grounds), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the date of the service of the notice.

              (4A) If a notice under this section specifies in accordance with subsection (3)(a) above, any of Grounds 1, 2, 5 to 7, 9 and 16 in Schedule 2 to this Act (whether without other grounds or with any ground other than Ground 14), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than:
              (a) two months from the date of service of the notice; and
              (b) if the tenancy is a periodic tenancy, the earliest date on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section.

              (4B) In any other case, the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the expiry of the period of two weeks from the date of the service of the notice.

              ...
              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
                Yes thanks Jeffrey - I accept that - though with some of the more perverse judgments coming out these days, could the judge be expected to know this?

                Personally, I would still adopt my approach and take proceedings after 14 days if the breaches stated were not remedied.

                Comment


                  #9
                  Originally posted by jeffrey View Post
                  Whilst those posts are correct, note that a s.8 Notice which includes g14 (alone or with other grounds) has no need of any Notice period.
                  This is a good news & interesting post. However the LL would need pretty definitive proof/independent witness statement/s of 'nuisance' and would have to fully understand the definition of such to ensure agreement from judge and not to be thrown out due to dates.
                  Chas

                  Comment


                    #10
                    Thank you all for your replies. My plan of action therefore is to fill in the section 8 form, then go to court tomorrow. What proof do I need of their lack of rent? My bank statements?

                    Also the other tenants in the house would be willing to write a formal letter backing up my statement of them being a 'nuisance'! - Should I wait a day and include that - or is it not needed?

                    thanks

                    Comment


                      #11
                      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


                        #12
                        How to go ahead with section 8

                        Do I need to fill out a form? Or ? I'd rarther not do it online also ..

                        edit: this is as in I want to go stright away to possesion..

                        Comment


                          #13
                          Originally posted by Ollie View Post
                          Do I need to fill out a form? Or ? I'd rarther not do it online also ..

                          edit: this is as in I want to go stright away to possesion..
                          There is no magic wand. You cannot go 'straight' to possesion. It takes months. Read this:

                          http://www.letlink.co.uk/letting-fac...-8-notice.html
                          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                          Comment


                            #14
                            All landlords want to get troublesome tenants out ASAP - this is the process you need to take.

                            As you have been advised elsewhere, you need to send a section 8 notice to your tenant. You would be well advised to actually read section 8 of the 1988 Housing Act so you know what it is about:

                            Housing Act 1988, Section 8
                            Grounds for possession

                            Sample Section 8 Notice
                            Useful notes about S8

                            Once you have served the notice on the tenant, you must wait 14 clear days if you are using grounds 8, 10 & 11 before you can submit a claim for possession to the court.

                            To claim possession - go to www.possessionclaim.gov.uk and make your claim - the cost is £100.

                            You will get a court date circa 6 weeks later. At the court hearing the judge will (if you succeed) give the tenant a minimum of 14 days to leave.

                            If the tenant doesn't leave when the judge instruced them to, you need to employ court bailiffs to physically remove the tenants. This will be more money (c £100) and time (approx 2 weeks).

                            There are no shortcuts.

                            Comment


                              #15
                              Okay, so I fill out the N5 and the N119 form, then I call into the courts and then go from there ? lol

                              Comment

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