Serving s.8 Notice- unpaid rent plus breach of obligations

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    #31
    Three 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).

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      #32
      Hello again...

      Ok...im setting out my reasons for possession on PCOL i know its a bit early but i want to get all the jargon right...is this the way i should answer that question?

      Possession is sought under ground 8, and/or 10 and/or 11 of Schedule 2 Housing Act 1988 as amended by Housing Act 1996

      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 required;
      c) if rent is payable quarterly, at least one quarters rent is more than three months in arrears; and
      d) if rent is payable yearly, at least three months rent is more than three months in arrears;
      and for the purpose of this ground "rent" means rent lawfully due from the tenant.

      The Tenant pays rent every month, and at least 2 months rent is unpaid. The monthly rent being £500, and the total outstanding rent being £1000

      Ground 10:
      Some rent lawfully due from the tenant-
      a) is unpaid on the date on which the proceedings for possession are begun;
      b) except where the subsection (1)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings.

      The Tenant owes £1000 which is rent lawfully due and is unpaid on the date on which this notice is served. This is increasing at a rate of £16.42 per day

      Ground 11:
      Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due."

      The Tenant has persistently delayed paying the full rent due, inspite of reminders requesting full payment.



      would the above be acceptable on PCOL as there is no more info i can put regarding that question.

      many thanks for all your info

      Comment


        #33
        BRILLIANT!!!!

        Ive cut and paste all the info as above and put it onto the PCOL form and its telling me there is way too many words????? how can i miss any out when its all required??


        thanks again

        Comment


          #34
          Hello again ..

          this is how i intend to answer the question on reasons for possession on the PCOL form:


          Possession is sought under ground 8, and/or 10 and/or 11 of Schedule 2 Housing Act 1988 as amended by Housing Act 1996

          Ground 8:
          The Tenant pays rent every month, and at least 2 months rent is unpaid. The monthly rent being £500, and the total outstanding rent being £1000

          Ground 10:
          The Tenant owes £1000 which is rent lawfully due and is unpaid on the date on which this notice is served. This is increasing at a rate of £16.42 per day

          Ground 11:
          The Tenant has persistently delayed paying the full rent due, inspite of reminders requesting full payment.


          Can anyone clarify for me that this is the correct format please

          many thanks in advance

          Comment


            #35
            You need also to tabulate amounts due (and dates) on one side; and amounts actually paid (and dates) on the other side.
            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


              #36
              Hi Jeffery thanks for the response

              is this the way it should be set out?

              Possession is sought under ground 8, and/or 10 and/or 11 of Schedule 2 Housing Act 1988 as amended by Housing Act 1996

              Ground 8:
              The Tenant pays rent every month, and at least 2 months rent is unpaid. The monthly rent being £500, and the total outstanding rent being £1000

              Ground 10:
              The Tenant owes £1000 which is rent lawfully due and is unpaid on the date on which this notice is served. This is increasing at a rate of £16.42 per day

              Ground 11:
              The Tenant has persistently delayed paying the full rent due, inspite of reminders requesting full payment.


              Reason for charg amount date-due amount-paid date-paid
              monthly rent 500 11-07-2010 500 11-07-2010
              monthly rent 500 11-08-2010
              monthly rent 500 11-09-2010
              totals 1500 500



              not sure PCOL will let me fit that in but i will give it a go...

              Thanks again

              Comment


                #37
                Hi

                my last post with figures tabulated bunched the figures together...it wouldnt let me do them properly spaced...hopefully PCOL will let me space properly for clarity

                thanks again!

                Comment


                  #38
                  PCOL has a section already set up where you simply put rent due etc in preconfigured boxes.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                    #39
                    yes saint

                    thats what i thought but an earlier post says it should be tabulated...is that neccessary as the info should already be on the form...and also on the rent arrears letter that i have it is tabulated

                    thanks

                    Comment


                      #40
                      FROM BAD TO WORSE!

                      Hello again..

                      I drove past my property on saturday night of this week and the windows had been left open. I turned up sunday morning and they were still open..so i went around the back and the back door was wide open so i entered the house.

                      The tenant was not in the property (6 am sunday morning and doesnt work) so i had a look around for any evidence of his whereabouts, I found some paperwork to the benefits which he had blatantly lied on and a seperate tenancy agreement with a forged signature supposedly from myself!!..I secured the property and left it secured.

                      I visited the property today and the neighbour told me that the police raided the house to arrest the tenant on breach of probation and is serving a 28 day sentance for drug dealing (although i dont know if its from my property)
                      they also told me that because the house had been left unlocked (by the police I believe) people had entered the house and stolen various items

                      Due to the fact my signature has been forged on various pieces of paperwork I have now removed all paperwork from the house including the original tenancy agreement signed by myself.

                      Due to the fact I have not recieved any rent, the tenant is in prison and he has forged my signature to lie to the benefits agencies and he does not have an original signed tenancy agreement what should my next move be??.


                      Many Thanks

                      Comment


                        #41
                        See this very long thread (several merged together) on the subject of what happens when T goes to prison.

                        http://www.landlordzone.co.uk/forums...ead.php?t=6974

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