Serving Section 8 Notice - clarification required please

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  • westminster
    replied
    Is bob921 the same as mina_london?

    Any sum paid as deposit must be protected. Protect it now with the DPS and provide T with the prescribed information. If you don't, you cannot evict via s.21 procedure.

    I meant that you could bring a money claim - quite separate from a possession claim - for the unpaid rent.

    You are referring to Ground 8 on a s.8 notice, which can be used when there is at least two months rent owing and unpaid.

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  • bob921
    replied
    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 ?

    Leave a comment:


  • westminster
    replied
    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.

    Leave a comment:


  • jeffrey
    replied
    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.

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  • mina_london
    replied
    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.

    Leave a comment:


  • mina_london
    replied
    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?

    Leave a comment:


  • westminster
    replied
    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.

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  • mina_london
    replied
    ............................?

    Leave a comment:


  • mina_london
    replied
    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

    Leave a comment:


  • westminster
    replied
    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?

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  • mina_london
    replied
    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

    Leave a comment:


  • J4L
    replied
    Many thanks, I WAS reading it like that but I didn't want to trip up for the sake of a few weeks.

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  • Springfields
    replied
    You can start proceeding straight away with ground 14 taking preference.

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  • J4L
    replied
    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.

    Leave a comment:


  • jta
    replied
    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.

    Leave a comment:

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