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

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    #31
    Originally posted by Ollie View Post
    Yes but then Snorkerz said as i'm using g14 i actually don't need to give notice - so i'm just going to apply for possession now?
    I seem to have missed what evidence you were using to enable you to include ground 14 on your Section 8. Can you advise please. Thanks.
    Chas

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      #32
      I have whitness statements from tenants in the same household...

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        #33
        Originally posted by Ollie View Post
        Also, the section 21 finishes on the 31st May, wouldd it be worth mentioning that at the hearing on June 11th? as thats an automatic kick out right?
        No, not worth mentioning - it's a different process

        No, it's not an 'automatic kick out' - you will need to get a possession order from the court.

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          #34
          oh, does that mean another 6 weeks if i'm unsuccessful?

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            #35
            Originally posted by Ollie View Post
            oh, does that mean another 6 weeks if i'm unsuccessful?
            Well you could start a s21 as soon as your valid s21 notice expires, but you would end up paying twice. (you can't do s21 online - so it would be £150)

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              #36
              Originally posted by Ollie View Post
              I have whitness statements from tenants in the same household...
              Stating what? Just trying to establish that you have indeed a water tight case before you (possibly) get dates wrong.

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                #37
                Originally posted by Charles19 View Post
                Stating what? Just trying to establish that you have indeed a water tight case before you (possibly) get dates wrong.
                Yeah, I'm inclined to think 'Ollie' might have a problem here - the g14 does seem to be an afterthought (and therefore presumably weak in the eyes of the law)

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                  #38
                  hi, thanks for your replys,

                  an after thought? No, it was the reason i gave them the s21 in the first place!, however now they havent paid 8 weeks rent, they have to go. as its one of the grounds that demands possesion

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                    #39
                    Originally posted by Snorkerz View Post
                    the g14 does seem to be an afterthought (and therefore presumably weak in the eyes of the law)
                    how can the g14 be weak? :s

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                      #40
                      You have to remember that g14 is a discretionary ground - ie at the hearing, the judge may decide that the reasons you give under ground 14 are insufficient to warrant making someone homeless.

                      Ground 8 however is guaranteed possession, providing the correct amount of rent is unpaid both at issue and at the hearing.

                      However, who knows how a judges mind might work? IF the judge thought you had added g14 as a way to circumnavigate the 14 days notice required for g8, might he decide that you should really have given the tenant his rightful 14 days notice and have thus invalidated the g8 claim? I don't know - but it would logically be possible.

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