Section 8 error

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  • Clarkycat
    replied
    Thanks Jeffrey. Yes, T owed 2 months' rent when the section 8 notice was served but not when I applied for court proceedings, so it looks like technically I should be ok if T still owes 2 months at the hearing

    Oh, and thanks too for pointing out the correct wording...

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  • jeffrey
    replied
    Originally posted by Clarkycat View Post
    I served a section 8 notice on my tenant for rent arrears of 3 months on ground 8, 10 and 11. Following expiration of the notice, the tenant paid one month's rent which still meant he was 2 months in arrears. I then began proceedings via PCOL. However, after submitting the application, I was sent a statement from my letting agent stating that he had also paid another £5 (before I issued proceedings) which I wasn't told about, thereby bringing him just below the 2 month threshold. He has since missed another payment. Would this invalidate the application or can I still rely on grounds 10 and 11? If it does invalidate it, is my only option to reapply and fork out another £100?
    First, do NOT think in terms of arrears. The Act deals only with rent unpaid, unless the rent falls due less frequently than each month.
    As long as T owes at least two months' rent when you served under s.8 (ground 8) and on the hearing date, you're safe. See the wording of ground 8:

    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;...

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  • Clarkycat
    replied
    The claim was made on the 18th May and the hearing will take place on the 9th July. The tenant paid the month's rent and an extra £5 on the 14th May. I spoke to the agent on the phone and they told me the tenant paid a month's rent (he was supposed to pay 2 months) but didn't mention the £5.

    If it's actually invalid under ground 8, then I may as well withdraw it and reapply now rather than wait until the 9th July. Or can I still use grounds 10 and 11??

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  • thesaint
    replied
    How long ago did you do the claim?

    I would let it run seeing as that it has been paid for. If it fails, then get the agent to pay the wasted fee if they were supposed to inform you and didn't.

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  • Clarkycat
    started a topic Section 8 error

    Section 8 error

    Hi,

    I served a section 8 notice on my tenant for rent arrears of 3 months on ground 8, 10 and 11. Following expiration of the notice, the tenant paid one month's rent which still meant he was 2 months in arrears. I then began proceedings via PCOL. However, after submitting the application, I was sent a statement from my letting agent stating that he had also paid another £5 (before I issued proceedings) which I wasn't told about, thereby bringing him just below the 2 month threshold. He has since missed another payment. Would this invalidate the application or can I still rely on grounds 10 and 11? If it does invalidate it, is my only option to reapply and fork out another £100??

    Thanks for any advice...

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