Issued Section 8, now think it's wrong.

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    Issued Section 8, now think it's wrong.

    After 8 years of renting 3 properties, this is the first time we have had major problems with a tenant on rent arrears.
    I issued a Section 8 on Grounds 8, 10 and 11 for more than 2 months rent arrears. Used form from this website and completed it by hand in black ink. quoted all relevant sections in full. I attached full schedule of rent arrears. Put 2 copies ( one to each tenant)through letter box , with a witness, on 23rd August 2010. The date I put on Section 6 of form.
    Now here's where I think I've gone wrong, after reading advice on another website. In section 5 I quoted court proceddings will not begin until after "6th (sixth) September 2010. - 2 weeks later. The notes I have read this morning on the other website says that allowances should be made for weekends and bank holidays. Shold I have added extra days for this? I would rather start again now, than get to court and have it rejected then....
    Any help would be most grateful.

    #2
    Two weeks is always going to include weekends is it not?

    I don't believe the legislation calls for bank holidays to be used to add extra days either.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Thanks for that, it was the extra day for bank holiday that worried me. So I will now carry on to next stage PCOL, for forms N5 and N119. Regards

      Comment


        #4
        (3) A notice under this section is one in the prescribed form informing the tenant that—

        (a) the landlord intends to begin proceedings for possession of the dwelling-house on one or more of the grounds specified in the notice; and

        (b) those proceedings will not begin earlier than a date specified in the notice which, without prejudice to any additional limitation under subsection (4) below, shall not be earlier than the expiry of the period of two weeks from the date of service of the notice; and

        (c) those proceedings will not begin later than twelve months from the date of service of the notice.
        No mention of Bank holidays

        1988 Housing Act
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #5
          Bank Holidays and Weekends are included in the two weeks, but I don't think it can be served on Sunday or Bank Holidays. But I not 100% sure if this rule is for notices or just court serviced documents.
          Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

          Comment


            #6
            As the August Bank Holiday was in the middle of the 2 weeks notice, I'm sure it's alright then, thanks.
            I've now got to navigate my way through PCOL. Before I start, I've looked everywhere for examples of completed N5 and N119 forms ( for Grounds 8,10 and 11) on the web. Does anyone know if there are any?

            Comment


              #7
              Its not exactly what you're looking for, but this may help.. http://www.rla.org.uk/landlord/docum...rtPapers.shtml

              Comment


                #8
                Thanks 4 replying Snorkerz, but can't see link! I'm new to forum and probably doing something wrong...

                Comment


                  #9
                  Originally posted by helpmeplease View Post
                  Thanks 4 replying Snorkerz, but can't see link! I'm new to forum and probably doing something wrong...
                  No, my fault, I forgot to paste it in Done now.

                  Comment


                    #10
                    Wonderful thanks, thats exactly what I was after, I've been searching around for days.
                    I'll start the process tomorrow...

                    Comment

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