Can L issue s.8 Notice if s.21 Notice already served?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Can L issue s.8 Notice if s.21 Notice already served?

    Can i still issue a section 8 if a section 21 has been served?

    #2
    Yes, as long as:
    a. the letting is indeed within Housing Act 1988 (otherwise neither section applies, of course!); and
    b. there are applicable grounds with Schedule 2 to the Act.
    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
      section 8 when section 21 issued

      background to this is that the T was in a AST with her boyfriend and child. Since then the B has left and the child taken into care. She has not paid rent for 2 months and her AST expired on the 17/8/2010 I i2sued a sec 21 today expiring on her last day of tennancy in priodic 7/11/10 but she is making no attempt to pay rent and is being unreasonable to say the least (spitting at agent nd swearing, assaulted police when they came round a real nightmare) so can i now issue a section 8? Help at wits end and hitting brick walls

      Comment


        #4
        Was any deposit paid to you? If so, was it (at the point when you served the s.21 Notice) duly protected?
        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
          sec 8 wen 21 issued

          yes it was

          Comment


            #6
            Originally posted by chrisastin View Post
            background to this is that the T was in a AST with her boyfriend and child. Since then the B has left and the child taken into care. She has not paid rent for 2 months and her AST expired on the 17/8/2010 I i2sued a sec 21 today expiring on her last day of tennancy in priodic 7/11/10 but she is making no attempt to pay rent and is being unreasonable to say the least (spitting at agent nd swearing, assaulted police when they came round a real nightmare) so can i now issue a section 8? Help at wits end and hitting brick walls
            If the tenancy ended on 17th August, and presuming rent to be due monthly, then your s21(4)(a) needed to have an expiry date of "after 17th November 2010" otherwise it will be invalid.

            Comment


              #7
              Did B give notice or just disappear?

              Comment


                #8
                section 8 when section 21 issued

                B just left and contract was originally weekly

                Comment


                  #9
                  Originally posted by chrisastin View Post
                  B just left and contract was originally weekly

                  So does the tenancy document state weekly?? If so is there a rent book (required by S4 etc etc etc of Landord & Tenant Act 1985 I think...)

                  (1)Where a tenant has a right to occupy premises as a residence in consideration of a rent payable weekly, the landlord shall provide a rent book or other similar document for use in respect of the premises.
                  Cheers!

                  Artful
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                  Comment


                    #10
                    Originally posted by chrisastin View Post
                    her AST expired on the 17/8/2010 I i2sued a sec 21 today expiring on her last day of tennancy in priodic 7/11/10
                    Originally posted by Snorkerz View Post
                    If the tenancy ended on 17th August, and presuming rent to be due monthly, then your s21(4)(a) needed to have an expiry date of "after 17th November 2010" otherwise it will be invalid.
                    So, based on this info and a weekly tenancy, each tenancy period ends on a Tuesday. Therefore the s21(4)(a) expiring 7/11 will be invalid. You need to re-serve before 9th September to expire "After 9th November 2010".

                    Comment


                      #11
                      section 8 when section 21 issued

                      the tenency went into periodic on the 16 aug and goes mon to sun hence the sec 21 expires on 7/10/10 been thru dates with local council. my main concern is they are going to draw this out so i am issuing county court proceedings every two weeks for no rent paid and after ten weeks are owing i will issue a sec8. in mean time she is living rent free there must be somat i can do??

                      Comment


                        #12
                        section 8 when section 21 issued

                        was wrong original ast was from 16 feb for 6 months

                        Comment


                          #13
                          If T receives housing benefit, you can apply to the council to have that benefit paid directly to you. If T is not on benefits, then a s8 will come with a court order for the repayment of any missing rent, or you can obtain one via the www.moneyclaim.gov.uk website.

                          Obviously, you will claim against any deposit &/or guarantors before considering court action.

                          Comment


                            #14
                            Originally posted by chrisastin View Post
                            was wrong original ast was from 16 feb for 6 months
                            16 Feb for 6 months ends 15 August. However, a weekly tenancy would usually end on the last day of a tenancy period - in this case 16th August would be the nearest - unless a 'month' is held to be 4 weeks, in which case 2nd August would be the date. Do you know which applies in your case? have just read your comment about the local council, so that clarifys the situation now, but it is worth bearing in mind for future ASTs that 'months' and 'weeks' rarely coincide, so if a tenancy is weekly, it is best (for claritys sake) to express any fixed terms, or notice periods, in weeks.

                            Comment


                              #15
                              When did the tenancy agreement start?
                              What is the rental amount?
                              How often is the rent to be paid?
                              How long was the fixed term?
                              Is the tenant claiming housing benefit?
                              How much rent is owed?
                              Allow tenants to protect their own deposits. I want free money when they do it wrong

                              Comment

                              Latest Activity

                              Collapse

                              • Direct Debit vs Standing Order
                                by danwestgarth
                                Has anyone any experience in collecting rent from tenants using Direct Debit opposed to Standing Order? From what i understand, with Direct Debit the payee (landlord) is in control, rather than the payor (tenant). JCould be a good way to minimize missed payments during covid-19. Does anyone know of...
                                22-09-2020, 15:44 PM
                              • Reply to Rent Rises in 2020
                                by DPT57
                                Well if the market rent for your properties has increased and you think that there would be a good prospect of re-letting quickly and there is a low risk that your existing tenant will stop paying rent altogether then from a business point of view, it makes sense to increase the rent. Having said that,...
                                22-09-2020, 14:57 PM
                              • Rent Rises in 2020
                                by jpucng62
                                I cancelled all my annual rent increases when Covid hit. Since then some people have really suffered financially and others haven’t. In addition LHA rates have increased substantially for anyone needing support which appears to have had the knock on effect of increasing the rent of properties now...
                                19-09-2020, 17:48 PM
                              • Reply to Rent Rises in 2020
                                by jpucng62
                                Where I rent properties (Beds / Northants / Nottingham) rents have risen substantially and availability has fallen. So my question is still, 6 months on from everyone being told to stay at home and with normality of work returning for many tenants (I accept not all) and many people not unduly financially...
                                22-09-2020, 14:44 PM
                              • Reply to Tenants possessions left in abandoned property
                                by MR M
                                I did consider approaching a Tracing Agent to try to obtain the Tenant's current whereabouts or updated information about them but the feeling is that it is not worth initiating this yet as its too soon. They may not show-up as having set-up elsewhere yet or have generated updated information about...
                                22-09-2020, 14:10 PM
                              • Tenants possessions left in abandoned property
                                by MR M
                                The tenancy is a statutory periodic tenancy after the original AST ended. The tenant has rent arrears and a S21 was issued around 3 months ago. There is no deposit and an EPC, gas safety certificate and how to rent guide were all issued previously to the tenant.

                                I believe that the tenant...
                                16-09-2020, 10:03 AM
                              • Reply to Renovation/Improvements vs Repairs / Maintenance
                                by newtenant9011
                                You can prevent the landlord from entering, as you have a right to quiet enjoyment, you can even replace the locks if you would like.

                                In turn, the landlord could issue you a section 21 notice, but the notice period is 6 months currently plus the court backlog.
                                22-09-2020, 14:08 PM
                              • Renovation/Improvements vs Repairs / Maintenance
                                by thesleepingdog
                                Hello,

                                I am having A LOT of trouble with my LL who is continually asking to carry out improvements on the property. It is literally nonstop and it has got to the stage where I am utterly fed up and want to leave.

                                During my tenancy he has replaced all the windows in the house,...
                                22-09-2020, 13:22 PM
                              • Reply to Rent Rises in 2020
                                by DPT57
                                In my part of London there is no market justification for rent increases and imo increased individual landlord costs is not a reason to raise them....
                                22-09-2020, 14:07 PM
                              • Reply to Rats
                                by ChrisDennison
                                These are very interesting comments, one of my councils (South West) told me they had to stop these services unless in public areas.
                                22-09-2020, 12:35 PM
                              Working...
                              X