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

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  • westminster
    replied
    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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  • mr2flyer
    replied
    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

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  • mr2flyer
    replied
    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

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  • thesaint
    replied
    PCOL has a section already set up where you simply put rent due etc in preconfigured boxes.

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  • mr2flyer
    replied
    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!

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  • mr2flyer
    replied
    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

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

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  • mr2flyer
    replied
    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

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  • mr2flyer
    replied
    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

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  • mr2flyer
    replied
    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

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  • Moderator1
    replied
    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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  • mr2flyer
    replied
    p pilcher

    Although it wouldn't make much difference to my situation it does give us some hope that there are descent judges out there who are prepared to do the right thing and give judgement on what he believes to be the truth.

    regards

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  • P.Pilcher
    replied
    The way the professionals do things.

    Although, I appreciate that this may be of little help in this instance, I thought the readers/contributors to this board may be interested in the following true story:
    A firm of solicitors was managing a property either for clients or executors of a will. Tenants had failed to pay rent for several months. Solicitor decides to issue a section 21 notice, doesn't make a good job of serving it, thus the start of the 2 month notice period is difficult to determine. Tenant's deposit is not protected in an approved scheme. Understandably, judge isn't happy so calls a court hearing to explain why the application for the possession order will fail. A friend of mine (an advocate) gets the job of representing these solicitors at the court hearing and anticipates getting his ear burned.
    Not a bit of it! On explaining to the judge the situation with the tenants manages to persuade said judge to consider an application under section 8 instead as the matter will have to come to court anyway so why can't we do it now? Judge agrees, inspects the paperwork with relation to the tenant's arrears, agrees that at the hearing the tenant was in a situation where two months rent was unpaid - and issued the requested possession order!

    None of us amateurs would have got away with that one.

    P.P.

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  • mr2flyer
    replied
    My apologies jta and thanks for your responses...my frustration was not directed solely at yourself...

    johnjw thanks for advice I think that is the best way although to think that im giving the scumbag an extra 2 weeks free living really gets my backup!!

    Even the queen doesn't live for free..

    Thanks again

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  • jta
    replied
    Originally posted by mr2flyer View Post
    Hi

    I have asked this question in an earlier thread but had no response yet to this specific question, can anyone answer this one for me...please..

    Agreement start date 11th july tenant paid 1 months rent in advance.

    On Aug 11th I issued a section 8 notice to my tenant on grounds 12 and 13 he read the notice and duly signed it in agreeance that it had been served.

    As of today he now has 2 months rent due and unpaid, can I add grounds 8,10 and 11 to the original section 8 as an addition or do i need to serve another section 8 and wait for it to expire?

    Im ready to do a PCOL and need to get the dates right for the serving of the section 8 notice..

    All help greatly appreciated

    many thanks
    Do have a little patience, I have to go to bed sometimes you know.

    The answer to the question is, I don't know. You could ask the court if you can add them and they may let you. I think you will have to issue a new one though because ground 8 cannot be used until the 2 months are unpaid, and that's today isn't it? The court would not allow you to issue the S8 early on those grounds so why should they allow you to add it in.

    MODERATOR please merge with OP's other thread.

    Leave a comment:

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