Can I serve a Section 8 notice now?

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  • #16
    Originally posted by firepool View Post
    Hi,

    As a landlord do I have to give the tenant a final arrears letter prior to issuing S8 notice?

    And if so can I issue a S8 a couple of days after the final arrears?

    (So far I have posted two arrears letters to the tenant).

    What constitutes a "final" arrears letter?
    The Section 8 is exactly that in my opinion.

    There is no requirement for one, but if it has been some time since you wrote to them outlining their arrears, then it may be good practice to do so.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

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    • #17
      No, the s8 notice is (in effect) their last chance - if they cough up, you don't have to follow through to the court process.

      Comment


      • #18
        Ok, many thanks.

        Comment


        • #19
          Can I serve a Section 8 notice now?

          Hi

          My tenant moved in on 10.3.12 on a 12 month AST, rent paid pcm, and has paid no rent at all. Could I have served a S8 notice on them on 10.4.12 as on that date 2 months rent was unpaid?

          Comment


          • #20
            Originally posted by firepool View Post
            Hi

            My tenant moved in on 10.3.12 on a 12 month AST, rent paid pcm, and has paid no rent at all. Could I have served a S8 notice on them on 10.4.12 as on that date 2 months rent was unpaid?
            I don't think it matters, but does your tenancy agreement state that you can bring proceedings against them for this breach?

            Why did you let someone whom paid no rent move in? What is the reason they haven't paid?
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment


            • #21
              My TA states:

              'Where the rent, any part of it, or any sum due from the Tenant under this Agreement, is in arrears of 14 days or more after it has become due, whether legally demanded or not, or the Tenant has breached any of the terms of this Agreement. Or any of the grounds set out as Grounds 2, 8 or Grounds 10-15 (inclusive) (which relate to breach of any obligation by a Tenant) contained in the Housing Act 1988 Schedule 2 apply, then the Landlord shall be entitled to end the Tenancy either (a) by serving the appropriate notice and obtaining a court order, or (b) by re-entering the Property if it is no longer occupied by the Tenant or anyone else with a lawful right to live in it. If the Landlord exercises this right of forfeiture, it shall be without prejudice to the other rights and remedies of the Landlord.'

              Does this sound ok?

              I foolishly accepted a cheque for a deposit and first months rent which bounced few days later. The tenant is delaying completing the claim for housing benefit for some reason and I get promises and excuses whenever I ask for the rent.

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              • #22
                And can I include Ground 11, as well as 8 and 10, even tho they have only missed two payments?

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                • #23
                  Yes, use all 3 grounds.

                  Before accepting a cheque, it's best(not foolproof) to check if there is any money in the account.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                  • #24
                    Don't worry I'll never accept a cheque again!

                    What is the best way to serve the notice?

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                    • #25
                      Hold fire before serving because iirc, as no rent has been paid, no tenancy exists. That has 2 effects, it can't be an AST because it is not a tenancy, and if it isn't an AST, then section 8 won't apply.

                      I think there may be quicker ways to regain possession than section 8, but others will advise.

                      Comment


                      • #26
                        Originally posted by firepool View Post
                        Don't worry I'll never accept a cheque again!

                        What is the best way to serve the notice?
                        I always try and send two from two different Post Offices and getting a free certificate of posting.
                        You should also serve by hand and get a witness.

                        I prefer the Post Office route, as I always think a judge would believe this over a hand delivery with a witness, as I know I could easily get someone to witness an act that has never happened.

                        My tenancy agreements state that delivery by post, hand through the postbox, or handed to the tenant as a method of service. Check what yours says.

                        Originally posted by Snorkerz View Post
                        Hold fire before serving because iirc, as no rent has been paid, no tenancy exists. That has 2 effects, it can't be an AST because it is not a tenancy, and if it isn't an AST, then section 8 won't apply.

                        I think there may be quicker ways to regain possession than section 8, but others will advise.

                        I would serve it for now anyway.
                        Unless the OP is paying for it to be done, then a £ worth of stamps is the only loss if you are correct.
                        Allow tenants to protect their own deposits. I want free money when they do it wrong

                        Comment


                        • #27
                          Originally posted by thesaint View Post
                          I would serve it for now anyway.
                          Unless the OP is paying for it to be done, then a £ worth of stamps is the only loss if you are correct.
                          Valid point (I am agreeing with you far too often ). However, I suspect someone like Westminster or Lawcruncher will be along this evening to comment whether a court order is required, and what sort of order.

                          Comment


                          • #28
                            Originally posted by thesaint View Post
                            I always try and send two from two different Post Offices and getting a free certificate of posting.
                            You should also serve by hand and get a witness.

                            I prefer the Post Office route, as I always think a judge would believe this over a hand delivery with a witness, as I know I could easily get someone to witness an act that has never happened.

                            My tenancy agreements state that delivery by post, hand through the postbox, or handed to the tenant as a method of service. Check what yours says.
                            Thanks for that. My AST quotes:

                            'Any notice to be served under this Agreement may be delivered by hand or may be sent by registered post, recorded delivery, fax or email.'

                            Snorkerz - Should I post a new thread asking if anyone knows the law on what you mentioned?

                            Comment


                            • #29
                              Originally posted by firepool View Post
                              Snorkerz - Should I post a new thread asking if anyone knows the law on what you mentioned?
                              No, those in the know will read this one - the moderators like to keep posts regarding the same tenancy on the same thread.

                              Comment


                              • #30
                                Ok thanks for your help.

                                Comment

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