Section 8 Notice help

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    Section 8 Notice help

    Hi,

    I'm after some help regarding ending an assured short term tenancy before the due date.

    Please bear with me as I'm new to this.

    I agreed to rent an apartment to my 18 year old neice and her friend (i know i know!!). They signed a joint tenancy agreement which started on 1st November 2009 running until 1st November 2010.

    However my neice has got up to her eyeballs in debt and can no longer afford to live there. This leaves us with her friend. We have offered her the chance to carry on the tenancy by moving in a friend, or her boyfriend (of which i shall come back to later) but she has said she can't sfford to carry on the lease on her own (understandable) and doesnt know of anyone to move in with her.

    We have had numerous problems with both my neice and her friend over the course of the 7 months they have been renting and as such we simply want to end the tenancy and get in people who can pay and hopefully will cause us far less hassle.

    I am planning on serving notice via a Section 8 Notice under grounds 11, 12, 13, 15 and possibly 14 which i may add later if needed.

    ground 11 - they have paid the rent late on 3 months out of the 7 months so far.

    ground 12 - the friend has moved her boyfriend in without my knowledge and despite me asking for him to move out he has carried on living there. they have had a pet in the apartment (which has now been removed) despite it being made clear that it is against the terms of lease for the block.

    ground 13 - the laminate flooring has been damaged after a party and now needs repairing or replacing.

    ground 15 - a large mirrored bathroom cabinet had the door mirror broken

    ground 14 (possibly added later) - they have allowed smoking of drugs within the flat (obviously i dont want to use this one of at all necessary as i dont want to get either of them into trouble, they are typical students!!, i just want them out)

    so my question is:

    Am i doing the right thing by serving the Section 8 Notice? I know i can start court proceedings 2 weeks after serving the notice, in all reality how long after that will it take to gain possession?

    many thanks

    #2
    Why do you think that a one-year both begins and ends on the same day of month (1 November)?
    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


      #3
      apols for that. my mistake. obviously it would end 31st October 2010. would this make a difference in any way?

      Comment


        #4
        Originally posted by adam_n_eve View Post
        apols for that. my mistake. obviously it would end 31st October 2010. would this make a difference in any way?
        Only if you use s.21, but not if you're using only s.8.
        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


          #5
          Originally posted by adam_n_eve View Post
          am planning on serving notice via a Section 8 Notice under grounds 11, 12, 13, 15 and possibly 14 which i may add later if needed.

          ground 11 - they have paid the rent late on 3 months out of the 7 months so far.

          ground 12 - the friend has moved her boyfriend in without my knowledge and despite me asking for him to move out he has carried on living there. they have had a pet in the apartment (which has now been removed) despite it being made clear that it is against the terms of lease for the block.

          ground 13 - the laminate flooring has been damaged after a party and now needs repairing or replacing.

          ground 15 - a large mirrored bathroom cabinet had the door mirror broken

          ground 14 (possibly added later) - they have allowed smoking of drugs within the flat (obviously i dont want to use this one of at all necessary as i dont want to get either of them into trouble, they are typical students!!, i just want them out)

          so my question is:

          Am i doing the right thing by serving the Section 8 Notice? I know i can start court proceedings 2 weeks after serving the notice, in all reality how long after that will it take to gain possession?
          Note:
          A. These are all discretionary grounds. Even if you prove them, the Court has jurisdiction to refuse to make (or to postpone making) a Possession Order.
          B. If you're including g14, there is no two-week wait; simply serve the s.8 Notice and immediately start Court proceedings.
          C. The timescale thereafter depends on how T replies and on how long the Court takes to propose a hearing date.
          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
            many thanks jeffrey.

            i understand the grounds im using are discretionary but from your experience do they seem like reasonable grounds which the courts would award possession? (obviously i wont hold you to your answer should things not go my way )

            also in terms of providing proof, what prrof would i need to supply to the court to show that there has been the tenants boyfriend living there for the past 6 months? could i get my neice to sign a statement?

            sorry if these are obvious questions but as i said this is all new to me. once again thanks for your help.

            Comment


              #7
              Originally posted by adam_n_eve View Post
              However my neice has got up to her eyeballs in debt and can no longer afford to live there. This leaves us with her friend. We have offered her the chance to carry on the tenancy by moving in a friend, or her boyfriend (of which i shall come back to later) but she has said she can't sfford to carry on the lease on her own (understandable) and doesnt know of anyone to move in with her.
              If both your neice and her friend can no longer afford the flat, wouldn't it be simpler if you all agreed to a surrender of the tenancy. That way, you could all avoid going down the court route.

              Comment


                #8
                I would much rather do that Mrs Mug and that option isn't out of the question as of yet. I am hoping that this will all be sorted amicably.

                I'm awaiting a reply off my neice's friend as to what she wants to do but I am trying to get myself ready for the worst case scenario where she refuses to move out thinking that she can get away with living there and only paying half the rent until she owes 2 months rent and I then have mandatory grounds for eviction.

                Comment

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