Section 8 notice (rent): what dates to insert?

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    Section 8 notice (rent): what dates to insert?

    Hi all

    We need to serve a section 8 to a tenant on grounds 8, 10 & 11.

    I'm just very confused when it says 'The court proceedings will not begin until after:_______________', is this the date we sign and date it or does this have to be a ceratin timescale after we have issued???

    Also is there a certain date that this has to be issued, i.e. the day their rent was due? or is it an as and when you've given them enough chances to pay and they don't.

    I hope this makes sense. I'm new to this business and all help is very much appreciated.

    Kind regards

    #2
    Originally posted by Smith1972 View Post
    Hi all

    We need to serve a section 8 to a tenant on grounds 8, 10 & 11.

    I'm just very confused when it says 'The court proceedings will not begin until after:_______________', is this the date we sign and date it or does this have to be a ceratin timescale after we have issued???

    Also is there a certain date that this has to be issued, i.e. the day their rent was due? or is it an as and when you've given them enough chances to pay and they don't.

    I hope this makes sense. I'm new to this business and all help is very much appreciated.

    Kind regards
    If you go to the "forms" part of the forum( I think you have to re-register), you can get a pdf of the notes that go with issuing a section 8 notice.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Originally posted by Smith1972 View Post
      We need to serve a section 8 to a tenant on grounds 8, 10 & 11.

      I'm just very confused when it says 'The court proceedings will not begin until after:_______________', is this the date we sign and date it or does this have to be a ceratin timescale after we have issued?
      For an AST/SAT letting, s.8 itself explains the time limits. Here it is (so far as relevant) with my underlinings, since you ask! Your case is within s.8(4B).

      (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


        #4
        Originally posted by Smith1972
        Hi all

        We need to serve a section 8 to a tenant on grounds 8, 10 & 11.

        I'm just very confused when it says 'The court proceedings will not begin until after:_______________', is this the date we sign and date it or does this have to be a ceratin timescale after we have issued???
        It's the expiry date of the notice, the date after which you can apply to the court for possession - in this case, at least 14 days after the notice is served.

        And note that the notice is not deemed served on the day it's posted, but at least two days after that, so you need to factor this in. For example, if you signed/dated the notice 1st March, posted it on 1st March, it'll be deemed served on 3rd March, so the 14 days start from then. Best to add on a couple of extra days to be on the safe side/be sure T has been given at least 14 days' notice.

        Keep a copy of the notice and get proof of posting in the form of a *free* certificate of posting (don't use signed for services, which can be refused or returned to sender). To be doubly sure, send two identical copies of the notice from two separate post offices on the same day, and get two certificates of posting.

        Also is there a certain date that this has to be issued, i.e. the day their rent was due?
        No, not connected to rent due dates or anything like that. The only rule is that you can't serve a s.8 using ground 8 until the day after two months' rent is owing and unpaid (if rent is due monthly).

        Comment


          #5
          Two threads by the same member have been merged here. Please do not start a new thread if you merely wish to continue a previous discussion or report on subsequent developments. It can cause unnecessary confusion (quite apart from losing the connection with facts previously established or legal points previously explained).

          Comment

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