Help & Advice please on can i serve a Section 8 now?

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    Help & Advice please on can i serve a Section 8 now?

    Hello everyone ,

    Im a new landlord stuck in abit of a rutt at the moment .Can anyone give me some advice & direction.

    6 month AST agreement-dated 01st July 2012
    Rent due 1st of every month .
    Deposit paid of £530

    Tenants have failed to pay rent consistantly on time from first month.
    Now i have not recieved rent for 01/10/12 & 01/11/12 -total owing £1060.

    My questions are..

    1)Can i serve a section 8 under grounds 8,10 & 11 now or do i have to wait till the end of November before servicing it .Would the Judge count the rent deposit as a bond so it was only a month due hence throw case out?

    2)Where do i get a section 8 ? can anyone direct me who to get it off or a website that i can pay for the service?

    3)Once i serve a sec.8 & the tenants dont leave by the deadline ( 2 weeks )
    then whats my next procedure ? Have i read somewhere that I can fast track a repossession?

    4)If the tenants leave prior & the chances are dont give the forwarding address , am i in the same position as most landlords when it comes to chasing overdue rent or filing the tenants with a CCJ??


    Any help & advice would be much appreciated .


    Thanks

    ash

    #2
    Originally posted by Espec View Post
    1)Can i serve a section 8 under grounds 8,10 & 11 now or do i have to wait till the end of November before servicing it .
    You can cite ground 8 in a s.8 notice when there is two months rent owing and unpaid, i.e. as at 2nd November there was two months owing and unpaid. So you can serve the notice now.

    Would the Judge count the rent deposit as a bond so it was only a month due hence throw case out?
    The deposit is irrelevant.

    2)Where do i get a section 8 ? can anyone direct me who to get it off or a website that i can pay for the service?
    http://www.tenancyservices.co.uk/col...ction-8-notice (run by one of our forum members)

    3)Once i serve a sec.8 & the tenants dont leave by the deadline ( 2 weeks )
    then whats my next procedure ? Have i read somewhere that I can fast track a repossession?
    A s.8 notice does not oblige the tenant to vacate. It merely entitles you to apply to the court for possession after the notice expires.

    Comment


      #3
      Thankyou so much

      Ash

      Comment


        #4
        Another question if Any polite sole can help with.

        If i need the tenants to vacate regardless on whether they pay the rent arrears or nt Do I serve a section 21 ? & If so is the a certain time that I can issue it? Ie... That 6 months AST ends 01st Jan 2013.

        So do I serve a month before regardless of the sec.8 served or is the a set procedure after the sec.8 .

        Ash

        Comment


          #5
          a section 21 is regardless of them breaching their contract. if done correctly, its a no fault termination.

          the expiry of the notice has to be at least 2 months away. obviously that cant be the 1st of Jan13 anymore.

          Its important that you have complied with deposit protection requirements. have you taken a deposit? when was it protected? have you given the tenant the prescribed information (15-20 pages) ? and can you prove it?
          All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

          Comment


            #6
            Originally posted by MSaxp View Post
            a section 21 is regardless of them breaching their contract. if done correctly, its a no fault termination.

            the expiry of the notice has to be at least 2 months away. obviously that cant be the 1st of Jan13 anymore.

            Its important that you have complied with deposit protection requirements. have you taken a deposit? when was it protected? have you given the tenant the prescribed information (15-20 pages) ? and can you prove it?
            Hi

            Thanks for the reply. The deposit was registered with DPS on 1st July 2012 but I didn't handover any paperwork as I've always assumed DPS emailed the tenant with the confirmation ( which the tenant confirmed they had received email ).

            Should I have handed some documents aswell? What is the pg15-20?

            Can a sec 21 be issued alongside the sec 8 ?- I would like the tenants now to leave regardless of if they pay the rent or not.

            Thanks ash

            Comment


              #7
              Ok I found this prescribed info form it was all with the documents , just didn't know it was called that.

              So if I issue a Sec.21 - does that guarantee they have to leave by that
              date or does that just release a summons for eviction ?

              I'm sorry to ask all these novice questions , as I am reading through past posts to get a little more understanding.

              Comment


                #8
                There is no way a landlord can tell the tenant that he has to leave. The reason being that the law requires specific requirements and only a judge can confirm that they have been met.

                So, the section 21 gives a 2 month's notice to start possession proceedings in court. The difference (or at least one of the differences) is that the court is more of a formality to check that all paperwork is correct and awards possession if it is. There is no defence for a tenant and you have to specify no reasons. Only your paperwork needs to be 100% correct
                All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

                Comment


                  #9
                  Originally posted by Espec View Post
                  Ok I found this prescribed info form it was all with the documents , just didn't know it was called that.
                  But have you actually given the prescribed information to the T, including a copy of the DPS' terms and conditions? You cannot serve a valid s.21 notice until you have done this.

                  And if you give the prescribed information over 30 days after receipt of the deposit, the T has a case to claim against you for non-compliance; if he does, you may be ordered to pay the T between 1x and 3x the value of the deposit.

                  So if I issue a Sec.21 - does that guarantee they have to leave by that
                  date or does that just release a summons for eviction ?
                  No notice given by a LL to an AST tenant obliges the T to vacate. The only way that you can unilaterally end the tenancy is by first serving notice, then, after the notice expires, you may apply to the court for a possession order. If the court makes a possession order, you must then get a court bailiff to execute it, i.e. evict the tenant. The tenancy ends on the date that the bailiff evicts the tenant.

                  Comment


                    #10
                    Originally posted by Espec View Post
                    Can a sec 21 be issued alongside the sec 8 ?
                    Yes, you can serve both notices. The s.8 notice will expire first, but as s.21 is a guaranteed route to possession (*if* the notice is valid and correctly served) you may consider waiting to apply for possession under s.21.

                    Comment


                      #11
                      Originally posted by Espec View Post
                      Ok I found this prescribed info form it was all with the documents , just didn't know it was called that.

                      So if I issue a Sec.21 - does that guarantee they have to leave by that
                      date or does that just release a summons for eviction ?

                      I'm sorry to ask all these novice questions , as I am reading through past posts to get a little more understanding.

                      Thankyou both for your help.

                      I have a copy of the prescribed info signed by lead tenant only I'm assuming that is suffice?

                      I read on a past post that a section 8 is pointless to a degree as if the T ends up paying me part of the rent then the judge can cancel out the sec.8 is that true? ... so I will blow £70 regardless for the efforts , can I charge that to the tenant as a matter of expense ... Should they wish to stay in the property?

                      If I issue/raise a sec8 on Monday 26/11/12 then does the form or template from any one of the recommended sites calculate the expiry date? Which from reading past posts on here,should be 2 weeks plus 3 days for postage ( incl I must get proof of postage & hand deliver it too) - so if my calculations right expires 13th Dec 2013??

                      ps..

                      I am a senior moderator on a car technical forum & I would like to Thankyou all for the replies & your efforts in my dilemma as being new on the forum , I have found your support & knowledge A+.

                      Thankyou once again Ash

                      Comment


                        #12
                        Originally posted by Espec View Post
                        I have a copy of the prescribed info signed by lead tenant only I'm assuming that is suffice?
                        Yes. The T need only be given the opportunity to sign the prescribed info. What is far more crucial is that you have given all of the prescribed info, inc. DPS' terms and conditions.

                        I read on a past post that a section 8 is pointless to a degree as if the T ends up paying me part of the rent then the judge can cancel out the sec.8 is that true? ... so I will blow £70 regardless for the efforts , can I charge that to the tenant as a matter of expense ... Should they wish to stay in the property?
                        If the T reduces the amount of rent owing and unpaid to less than two months by the time of the court hearing, then the court is not obliged to make a possession order - it's at the court's discretion.

                        If you mean £70 for the cost of the s.8 notice, then no, you cannot claim it back from the T. You can DIY a s.8 notice for free, if you wish - you can find a template in this link.

                        If I issue/raise a sec8 on Monday 26/11/12 then does the form or template from any one of the recommended sites calculate the expiry date?
                        If you pay someone to draft and serve the s.8 notice, then they will deal with the expiry date. If you DIY the notice, then it's up to you to calculate the expiry date.

                        Which from reading past posts on here,should be 2 weeks plus 3 days for postage ( incl I must get proof of postage & hand deliver it too) - so if my calculations right expires 13th Dec 2013??
                        The expiry date must be at least two weeks from service. The date of service is not included in the notice period. If delivered by hand, the notice is served the same day. If posting, then it will be served two working days after posting, so you have to factor in extra days to the notice period.

                        E.g. a notice posted tomorrow, 26th November would be deemed served on 28th November. Two weeks from then is 'after 12th December 2012'. But there is nothing to stop you putting a slightly later expiry date, to ensure that at least two weeks' notice has been given.

                        N.B. do not use signed-for postal services, as the T may be out when the postman tries to deliver, or may refuse to sign for it. Instead, obtain a free certificate of posting (and keep a copy of the notice). You do not need to serve by hand as well as posting. One or the other is sufficient. But if you serve by hand, then you need to take a witness with you to see you put the notice through the T's letterbox.

                        Comment


                          #13
                          Thankyou Westminster for all our advice

                          Ash

                          Comment

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