Can L serve two s.8 Notices?

[sedgewick]

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

[Snorkerz]

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

[sedgewick]

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

[Snorkerz]

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.

[sedgewick]

Thanks v. much

[sedgewick]

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

[jjlandlord]

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

[P.Pilcher]

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.