section 8 advise

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  • section 8 advise

    I have issued a section 8 notice for rent arrears on the 14th nov the tenant then promised to pay then every week a different excuse. I then issued a possession claim on line on the 1st dec. I have a court date of 16th Jan 2012.
    The tenancy started on 27/09/2009 an AST it is a joint tenancy.
    Please can anyone advise me of procedure from now on and anything I should do. Thank you

  • #2
    Make sure you issued the S8 in both names.
    Make sure all repairs are completed as 'disrepair is a common reason for S8 failing.

    Also consider issuing S21 (a) to be sure of getting a hearing for possession - if so make sure deposit is protected.

    When you go to court make sure you have documents prepared in big print to show the schedule of debt, the original AST an any other relevant papers. Also take a calendar -I find this assists in showing when things happened. Advantage of S8 is that you get your costs awarded to tenant (have theme ready) and an order for the unpaid rent.



    Freedom at the point of zero............

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    • #3
      Thank you

      I issues a section 21 at the same time just dated it for after the 26th of jan 2011 as tenancy was 27/09/2009.

      There is no deposit so protection not needed.

      I have issued all paperwork in both names it is brothers. Bothe of them were on benefits but one has now started work and has not paid his half since. The other brothers is still paid by housing direct to me. I have also notified housing of the situation.

      Can you also tell me will the judge make an order as to the arrears ? and can I ask for an attachment of earnings order at the same time or do you have to file for that separately ?

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      • #4
        Oh and repairs have all been carried out the last one was done 2 weeks ago so no probs there. The arrears currently stand at over £2000 so cant see the tenant paying that in a hurry.

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        • #5
          Originally posted by katrinahale View Post
          I have issued all paperwork in both names it is brothers. Bothe of them were on benefits but one has now started work and has not paid his half since. The other brothers is still paid by housing direct to me. I have also notified housing of the situation.

          Can you also tell me will the judge make an order as to the arrears ? and can I ask for an attachment of earnings order at the same time or do you have to file for that separately ?
          The judge will be able to make an order for the missing rent. The defendants will have 14 days to pay. If they don't, that is when you may apply for an attachment of earnings.

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          • #6
            Thanks

            How long will the judge give them before they have to move out ?

            Im hoping that they will just move before but I will still go to court for the order.

            How do I tell if tenants have moved out as I dont want to enter property just to look and there are blinds at the windows so you can not see in.

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            • #7
              The judge will give 14 days unless the tenant can give good reason to extend it - in which case it may be up to 42 days.

              If the tenant does not surrender the property then the only 'safe' way to re-enter the property is to engage court bailiffs once the relevant date has passed (Form n325, £110).

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              • #8
                Hi

                I posted about a section 8 that i issued, up until the time the tenants received the notice from the court they were still promising to pay the rent plus extra to cover the arrears but this never materialised !! since they received the court notice I have not received any correspondence and no payment either. My question is should I still continue to send rent reminders or should I have no contact until court date of 16th Jan 2012

                Any advise would be great thanks

                Comment


                • #9
                  You could do either, I personally would have no contact. Worse case scenario is you get to court to find that tenant has paid up arrears (at least you get the rent) - then you will have to wait for S21.

                  Don't forget to take all your copy 'reminders' with you to court as part of your case evidence.



                  Freedom at the point of zero............

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