Can L serve two s.8 Notices?

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

    Can L serve two s.8 Notices?

    Hi

    Apologies if this has been previously addressed, but I couldn't find the answer anywhere. I am serving a S.21 form, and also wish to serve a S.8 form. Currently, the tenant is not yet 2 months in arrears, but has broken other terms of the tenancy agreement and therefore I shall use the discretionary grounds.

    However, if tenant has not paid up in another couple of weeks (taking them over the 2 month arrears threshold), can I serve S.8 again this time using Mandatory ground 8? Will this supercede the previous S.8 form, or will I have to retract the first one in some way, or will both remain valid?

    I would prefer to serve S.8 on discretionary grounds asap to get the ball rolling rather than wait. Also, there is a (slim) chance the tenant might pay some of the arrears within the next 2 weeks, meaning I wouldn't be able to use G.8, and would have lost another couple of weeks before being able to get them out.

    Looking forward to a response
    Regards
    Sedgewick

    #2
    You can issue a second, third, fourth s8 - but you can't commence proceedings on them until the relevant notice period (2 weeks for g8) has expired.

    So, if you issue a s8 g10 & 11 on 1st Jan, and then serve a s8 g8, 10 & 11 on 8th Jan, you can't start a court claim including ground 8 until 22nd Jan

    Comment


      #3
      Many thanks. Regarding the required 2 months in arrears for G.8, does this mean 2 full months? Tenant was short by £30 for Dec rent, then didn't pay anything for January rent. So techically, they are already 2 months late on the £30, but not yet on the full amount.

      Regards
      Sedgewick

      Comment


        #4
        No, it has to be an amount equal to 2 months rent - so presuming you don't get Februarys rent (or at least get no more than £30) then the day after rent-day, they are 2 months unpaid.

        Comment


          #5
          Thanks v. much

          Comment


            #6
            A follow up question if I may. I have now served S.21, and will be serving S.8 (including G.8) on Sunday. I read somewhere that you can't proceed with both notices simultaneously, but need to decide which one to pursue.

            My query is, if in 2 weeks time I start court proceedings on S.8, but then it fails as (say) the tenant pays up and the judge decides against the discretionary grounds, can I then start in two months' time the court proceedings based on the S.21 I served last week?

            Many thanks

            Comment


              #7
              Yes absolutely. That's the purpose of this back up s21.

              Comment


                #8
                If you have a receptive judge and you use section 8 ground 10 and 11 you might have a problem as the grant of the possession order is discretionary. If by the time you appear in court your tenant is two months rent unpaid, you can ask leave for said judge to consider the case under ground 8 section 8 as well. He might not, but if your papers are well prepared and on studying same he realises that the tenant has to go, he may find it easier to accept your submission and grant the required possession order under ground 8 which is a mandatory ground.
                I have known legal professionals get away with this one in court so why shouldn't a landlord who is conducing his own case?

                P.P.
                Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

                Comment

                Latest Activity

                Collapse

                • Reply to How to evict professional tenant?
                  by DoricPixie
                  The tenant sounds like a delusional bampot. How is he going to afford a very expensive solicitor?

                  Do you know if the council in which the rental property is located has landlord licensing? I’m trying to figure out where he’s getting this £30k figure from....
                  26-06-2022, 23:40 PM
                • How to evict professional tenant?
                  by CharlesRiver
                  I have a professional tenant rented my house a few years ago. The tenant relied on housing benefit to pay the rent. It was a one-year fixed term AST, and the tenant refused to leave from then and declined our access to the property for inspection for many years. He damaged the house extensively and...
                  23-06-2022, 01:48 AM
                • Reply to Council staying eviction needed
                  by DoricPixie
                  The council can’t magic up a suitable property if there are none available. Whilst being able to present as homeless on top of the health issues will give the daughter more points if there aren’t any suitable properties then your daughter is still going to be between a rock and a hard place. Presenting...
                  26-06-2022, 23:37 PM
                • Council staying eviction needed
                  by lostforwords
                  My daughter is a tenant in a house and has been for 7years without any problems for 6 of the years. Last year she had to give up working full time due to health reasons. Since then they've got worse, she suffered a blood clot which leaves her breathless and can't have oxygen as she has a gas hob. She...
                  26-06-2022, 14:45 PM
                • Reply to N5B Form
                  by Truth
                  Any tips on a good one to use?
                  26-06-2022, 22:24 PM
                • N5B Form
                  by Truth
                  Good Afternoon everyone,
                  Its my first post on the site and probably like most first posts on here I am asking for help !
                  Without going into too much detail my tenant has decided to stop paying his rent , after I gave him notice to leave, and ignore Section 8 and Section 21 notices sent by...
                  24-06-2022, 13:18 PM
                • Reply to N5B Form
                  by Truth
                  I think I'm going to down the housing solicitor / eviction company route.
                  Its going to cost me but this is really bringing me down now in all honesty . I've got a daughter and Mom with very serious health issues and I need to concentrate on them rather than a jerk who's taking me for a ride !...
                  26-06-2022, 22:23 PM
                • Reply to Council staying eviction needed
                  by Hudson01
                  Could not agree more, but given the reluctance of the social sector to '' do the right thing'', we will always be in a battle to get them to house vulnerable people.

                  What a sad state of affairs....
                  26-06-2022, 20:13 PM
                • Reply to Council staying eviction needed
                  by gnvqsos
                  The problem here is that the woman was not vulnerable and thus chose the private option. She is now in the wrong sector ,and the landlord is not trained to address such problems....
                  26-06-2022, 20:10 PM
                • Reply to Council staying eviction needed
                  by Hudson01
                  Sad to say it but i would evict them now...... it is coming our way and when it hits the reasons you have will not qualify, as i suspect many others will and only time will show them up in this forum and the wider press.

                  Vulnerable individuals should really not be in the PRS, but due to...
                  26-06-2022, 20:02 PM
                Working...
                X