Clarification regarding S8

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    Clarification regarding S8

    I keep reading on this site that serving a Section 8 "may not work because tenant may pay up the missing rent, invalidating the notice" or comments to this effect.
    Surely this is only relevant if relying on Ground 8 of the Section 8? Does anyone have experience of the discretionary grounds being used successfully??

    #2
    If the tenant pays the arrears and gets it to below the 2 months owing, then i think it does alter the situation...someone else on here will explain it better for you.

    Comment


      #3
      Originally posted by jinny View Post
      If the tenant pays the arrears and gets it to below the 2 months owing, then i think it does alter the situation...someone else on here will explain it better for you.
      Ground 8= big arrears (>2 months). It's mandatory. Arrears must exist (i) when Notice served and also (ii) at hearing date.

      Grounds 10/11= small arrears or persistent late payment. They're discretionary.

      T might therefore suddenly reduce arrears to <2mths., when served with s. 8 Notice citing g8. Always add g10 (and g11, if appropriate) to be on safe side.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


        #4
        Thanks. I just wanted to clarify that it is the GROUNDS USED within the Section 8 that are relevant, not the Section 8 alone (the notice itself), which is what a lot of posts imply - and that a Section 8 can be used for discretionary grounds only (eg, Ground 10 and 11 by themselves).

        For example, tenant pays rent late every month, therefore is not in arrears, but still issue Section 8 citing a Ground other than Ground 8...

        Correct?

        Comment


          #5
          Yes but it could be a waste of time and money issuing this notiec. In this csae it is often easier to issye a section 21. If a tenant is consistenetly late and has more than 8 weeks arrears when you serve the notice BUT pays money to you at the court to get it below 8 weeks then having grounsd 10 and 11 in place may mean the Judge issuing an evitction. However if you only go on grounds 10 and 11 the Judge may feel you are being "petty" and not grant possession.
          GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

          Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

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