Serving Section 8 Notice - clarification required please

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    Serving Section 8 Notice - clarification required please

    I wonder if someone can help please to clarify my thoughts

    I need to serve notice today on a tenant that has been a bit noisy, has unsavoury visitors etc in a block of four flats. He is in a fixed term agreement (ends March 2011)

    I am serving a Section 21 today (just in case the section 8 is unsuccessful)
    On Monday I am going to serve a S8.

    This is where the clarification is required:-
    Initially I wanted to use g14 only meaning I can do that immediately.
    Then I decided we could also use g10, g11 & g12 to add to the case.

    My ? is if I add 10, 11 & 12 to the notice do I have to give 2 weeks notice or can I still commence proceedings immediately because I have used g14?

    I have found this:-

    •Where the landlord is seeking possession on ground 14 (with or without other grounds),court proceedings cannot begin before the date this notice is served.

    So the question is does the fact I'm serving notice using g14 take preference over the other grounds or should I serve 2 weeks notice just to cover those grounds??
    Ambition is Critical

    I don't profess to be a knowledge in all areas, my advice is based on life experience.

    #2
    a bit noisy, has unsavoury visitors etc in a block of four flats. He is in a fixed term agreement
    That hardly seems like grounds for gaining a PO.
    If you have g14 you can ask for a court date immediately. I think you should rely on your S21 though. If the guy accepts it he may well leave at end of fixed term in March without you having to go to court/spend more money.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      Many thanks for taking the time to reply but our reasons for gaining an Order are not in question here.
      For the sake of keeping my post short I didn't list all the reasons we require this.

      If someone can answer the question I'd appreciate it.

      No offence.
      Ambition is Critical

      I don't profess to be a knowledge in all areas, my advice is based on life experience.

      Comment


        #4
        You can start proceeding straight away with ground 14 taking preference.

        Comment


          #5
          Many thanks, I WAS reading it like that but I didn't want to trip up for the sake of a few weeks.
          Ambition is Critical

          I don't profess to be a knowledge in all areas, my advice is based on life experience.

          Comment


            #6
            can some help me , i want to use a s8 with Ground 7 i know i need to give 2 months but the fixed ast started on 20 02 2010 so it ends on 19 02 2011 . do i put down 19th on the
            The court proceedings will not begin until after:
            or do i put down the 20th , does it matter ?

            thanks for the help

            Comment


              #7
              Originally posted by mina_london View Post
              can some help me , i want to use a s8 with Ground 7 i know i need to give 2 months but the fixed ast started on 20 02 2010 so it ends on 19 02 2011 . do i put down 19th on the or do i put down the 20th , does it matter ?
              Ground 7 relates to periodic tenancies where the tenant has died. I doubt you mean this. So, which ground are you actually talking about, or are you talking about a s.21 notice?

              Comment


                #8
                Sorry I mean G1, I need the flat back.
                I am using s8 because not all the rent is paid I am missing 40% of this months and I don't think she is going to pay it. If i use s21 I am not get my money back and will have to use the courts again, also I think she has taken in a paying guest as well. So she is in breach of her ast agreement.
                Plus so far she has only paid on time once, nearly always a date late.


                so do i put 19th on s8 or 20th? does it matter

                I am filling the n5and n119 now so that I don't have to fill them in later, so please help. I am 100% she is not going to leave in Feb.

                on the n5 form where it says
                This claim will be heard on: 20 at am/pm
                at
                I assume that I leave that blank.

                On the n5 form where it says
                Grounds for possession
                The claim for possession is made on the following
                ground(s)
                Do I tick
                Rent arrears &
                Other breach of tenancy
                And where it says
                other (please specify)
                Do I write g1?

                Where is says
                Is the claimant claiming demotion of tenancy?
                do i tick no?

                Is the claimant claiming an order suspending the right to buy?
                do i tick no?

                Does, or will, the claim include any issues under the Human Rights Act 1998?
                do i tick no


                on the n119 where is says
                The claimant has a right to possession of:
                do I put the address of the flat?

                To the best of the claimant’s knowledge the following persons are in possession of the property
                do put the tenants name and also her paying guest? or is just the tenants name? Because the T keeps the guest is going soon but the guest has been there for at least 2 months I told she is not allowed to take in paying guest but she says the guest not paying for anything.

                Any unpaid rent or charge for use and occupation should be calculated at £ per day
                . for this is it rent x 12 the divide by 365?

                4. The reason the claimant is asking for possession is:
                (a) because the defendant has not paid the rent due under the terms of the tenancy agreement.
                (Details are set out below)(Details are shown on the attached rent statement)
                what do need to write here? she say paid the rent but missing 40 % and I feeling by Feb she will still would have not have paid it. I can always delete this later if says pays the money before then.

                (b) because the defendant has failed to comply with other terms of the tenancy.
                Details are set out below
                for this bit do quote the AST about not taking paying guests?

                (c) because: (including any (other) statutory grounds)
                in this bit do i enter Ground 1 or ?
                The residential investment property was previously the landlord’s only or main home or the landlord or their spouse require it to live in as his or her main home.

                The following steps have already been taken to recover any arrears
                For this bit do I say what steps I have taken e.g Sending letters asking for missing rent?
                In the alternative to possession, is the claimant asking the court to make a demotion order or an order
                suspending the right to buy?
                Yes No
                do I tick no


                Thank you the help for the help

                Comment


                  #9
                  ............................?

                  Comment


                    #10
                    Originally posted by mina_london View Post
                    Sorry I mean G1, I need the flat back.
                    I am using s8 because not all the rent is paid I am missing 40% of this months and I don't think she is going to pay it. If i use s21 I am not get my money back and will have to use the courts again, also I think she has taken in a paying guest as well. So she is in breach of her ast agreement.
                    Plus so far she has only paid on time once, nearly always a date late.


                    so do i put 19th on s8 or 20th? does it matter

                    I am filling the n5and n119 now so that I don't have to fill them in later, so please help. I am 100% she is not going to leave in Feb.
                    You need to establish which grounds you are using before completing application forms, and I am not convinced you know which ones apply.

                    See this link
                    http://www.letlink.co.uk/letting-fac...-8-notice.html

                    You will find the notice periods which relate to the different grounds in s.8 HA1988
                    http://www.landlordzone.co.uk/forums...565#post216565

                    I suggest you also serve a s.21(1)(b) notice, as a back up if s.8 fails. This should be served by 19th December and should expire "after 19th february 2011".

                    Always keep copy notices and obtain proof of service; if posting, allow two days for service, post two copies from two separate post offices and get a free certificate of posting from each PO, if serving by hand, take a witness.

                    Comment


                      #11
                      if serving by hand, take a witness,


                      can take my brother for this? or do i have to take someone not related? does it matter?

                      Comment


                        #12
                        Ground 1: that the landlord used to live, or intends to live in the property as his only or principal home.

                        i want to use ground 1 because of the above and also because if i use s21 i will not get my missing money back in the same hearing.

                        Comment


                          #13
                          Originally posted by mina_london View Post
                          Ground 1: that the landlord used to live, or intends to live in the property as his only or principal home.
                          i want to use ground 1 because of the above and also because if i use s21 i will not get my missing money back in the same hearing.
                          But g1 is not so simple; you've omitted some of it, anyway.
                          Here's the ground in full:

                          Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground or the court is of the opinion that it is just and equitable to dispense with the requirement of notice and (in either case):
                          (a) at some time before the beginning of the tenancy, the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them occupied the dwelling-house as his only or principal home; or
                          (b) the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them requires the dwelling-house as his, his spouse’s or his civil partner's only or principal home and neither the landlord (or, in the case of joint landlords, any one of them) nor any other person who, as landlord, derived title under the landlord who gave the notice mentioned above acquired the reversion on the tenancy for money or money’s worth.
                          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


                            #14
                            Originally posted by mina_london View Post
                            Ground 1: that the landlord used to live, or intends to live in the property as his only or principal home.

                            i want to use ground 1 because of the above and also because if i use s21 i will not get my missing money back in the same hearing.
                            Did you serve notice at the start of the tenancy that possession might be sought under Ground 1? If not, there is no guarantee an application based on Ground 1 will succeed - it'll be at the court's discretion.

                            I repeat, serve a s.21 notice as well, as back up if the s.8 application fails (N.B. if T paid a deposit, it must be protected before you can serve a valid s.21 notice). You can bring a separate claim for the unpaid rent - in fact, you could start that claim now.

                            Comment


                              #15
                              Did you serve notice at the start of the tenancy that possession might be sought under Ground 1? If not, there is no guarantee an application based on Ground 1 will succeed - it'll be at the court's discretion.
                              yes it is in the AST.

                              N.B. if T paid a deposit, it must be protected before you can serve a valid s.21 notice).
                              only paid me 50 out 300 so i did not protect it , but it says 300 in AST.

                              in fact, you could start that claim now.
                              i thought you can only claim if its 2 months ?

                              Comment

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