Section 8 notice

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    Section 8 notice

    Hi,

    I'm looking to maybe serve an s8. Does the tenant become 2 months in arrears on the first day of the 2nd month when rent is due to be paid or the last day of the 2 month period?

    As with most agreements, the rent is payable in advance.

    Thanks in advance

    #2
    As soon as the rent due is not paid, the condition of the section 8 is satisfied.
    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


      #3
      Originally posted by MSaxp View Post
      As soon as the rent due is not paid, the condition of the section 8 is satisfied.
      No, it is Ground 8. A S.8 Notice is not in itself an unqualified route just to recover rent arrears. A S.8 Notice has 17 Grounds available to landlords. I'll get my coat!
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

      Comment


        #4
        Originally posted by Paul_f View Post
        No, it is Ground 8. A S.8 Notice is not in itself an unqualified route just to recover rent arrears. A S.8 Notice has 17 Grounds available to landlords. I'll get my coat!
        Sorry bit confused by your two answers. So is that a yes, it is classed as "late" on the first day it is not paid of the 2nd month it is in arrears. So in effect it can be served when one month's and the first day of the 2nd month's rent has not been paid? I will also be using other grounds. I just want to ensure I could include this ground as well?

        Comment


          #5
          What Paul_f is saying that Sec 8 of the 1988 housing act has 17 grounds.
          You mean "Ground 8 of Sec 8". This is what MSaxp was answering(sort of correctly).
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            Originally posted by thesaint View Post
            What Paul_f is saying that Sec 8 of the 1988 housing act has 17 grounds.
            You mean "Ground 8 of Sec 8". This is what MSaxp was answering(sort of correctly).
            Yes, I mean ground 8 of section 8. Can it be used in the above circumstance (rent is one month and 1 day late) as it was not paid on the due date of the 2nd month?

            Comment


              #7
              Originally posted by soverign33 View Post
              Yes, I mean ground 8 of section 8. Can it be used in the above circumstance (rent is one month and 1 day late) as it was not paid on the due date of the 2nd month?
              The short answer is yes!
              The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

              Comment


                #8
                Thanks!

                The AST expired on 4th Jan 2013. I had a verbal arrangement that the T would pay on the 20th (nothing in writing). For the purposes of the s8 and the 2 month arrears bit, can I site the arrears as being due on the 4th March or should it read the 20th March?

                Is there a restriction on the date this notice must be served and what is the earliest date I can say possession is required please?

                Comment


                  #9
                  The rent is due as per the tenancy agreement.

                  A Sec 8 does not/should not say when you require possession.
                  It should state a date after which you are entitled to apply to the courts for possession(at least 14 days after service).
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                    #10
                    So as the tenancy agreement says rent is due on the 5th of the month I could site him for 2 months unpaid (last rent received 22 Jan 2013) as per 4th March 2013? I could then now in theory serve the notice immediately and ask for possession 2 weeks (allowing for service time of 3 days) after I serve? Just to be clear I don't have to wait until start of next tenancy period of April 4th? Is that correct?

                    Comment


                      #11
                      4th of march? 6th of march!

                      Yes, serve now, give him 2 weeks after service before you apply to courts. No relation to tenancy periods. 2 weeks from when he gets it, so add a few days from when you send it. If he pays, tough
                      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


                        #12
                        His periodic started on 4th Jan 2013 so 4 or 6 March is immaterial right? Assuming he gets served on Friday 15th, Isit ok to ask for possession on say April 5th 2013 (this giving him 3 weeks after service)? Not a problem? His 2nd months unpaid being due on the on 4th March?

                        Comment


                          #13
                          Do the notes on the Section 8 have to be sent to the tenant, or deleted from the notice?

                          Comment


                            #14
                            Originally posted by soverign33 View Post
                            Is it ok to ask for possession on say April 5th 2013 (this giving him 3 weeks after service)?
                            Courts will contact the tenant after you apply under Ground 8, S.8 (add Grounds 10 & 11 too) as he will be asked if he wants to defend the action. If no defence is filed the court will tell you when the Possession Order is granted. Allow at least 3 months for this to happen, possibly more.
                            The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                            Comment


                              #15
                              Can anyone please be kind enough to point me towards a copy of the EXACT wording I need to list for grounds 8,10 and 11 and perhaps a clean s8 template that can easily be filled in and then printed please? Many thanks in advance

                              Comment

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