Section 8 notice

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    #16
    Is this a valid section 8 please to send by mail tomorrow? I could also use ground 13 that the t failed to care for property but the only proof I have of this is a broken shower, bath and the fact that my builder said the place had obviously not been cleaned since they moved in in May 2012. But I can't really "prove" this so is it better to just go with the grounds already listed on here?


    Section 8 as amended by section 151 of the Housing Act 1996
    Notice seeking possession of a property let on an Assured Tenancy or an Assured Agricultural Occupancy

    This form should be used where possession of accommodation let under and assured tenancy, an assured agricultural occupancy or an assured shorthold tenancy in sought on one of the grounds in schedule 2 to the Housing Act 1988.

    1. To:
    (Name(s) of tenant(s)/licensee(s)*

    ---Mr and Mrs tenant

    2. Your landlord intends to apply to the court for an order requiring you to give up possession of:

    ---Property Address

    3. Your landlord intends to seek possession on ground(s) 8,10,11 in schedule 2 to the Housing Act 1988, as amended by the Housing Act 1996, which read(s):

    Ground 8
    Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing -
    (a ) if rent is payable weekly or fortnightly, at least eight weeks' rent is unpaid;
    (b) if rent is payable monthly, at least two months' rent is unpaid;
    (c) if rent is payable quarterly, at least one quarter's rent is more than three months in arrears; and
    (d) if rent is payable yearly, at least three months' rent is more than three months in arrears;
    and for the purpose of this ground "rent" means rent lawfully due from the tenant.

    Ground 10
    Some rent lawfully due from the tenant -
    (a) is unpaid on the date on which the proceedings for possession are begun; and
    (b) except where subsection (l)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings.

    Ground 11
    Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due
    4. Give a full explanation of why each ground is being relied on:

    Ground 8 is sited as no rent has been received since the payment made in Jan 2013.
    At the time of service of this notice the rent is more than 2 months rent in arrears (being due on March 4, 2013)

    Ground 10 is sited as some rent lawfully due remains unpaid when this notice for possession began

    Ground 11 is sited as the payment of rent lawfully due has consistently been paid late during and after the fixed term of the tenancy
    (Do I need to list all the late dates here or save it for the possession order?)

    If the court is satisfied that any of the grounds 1 to 8 is established, it must make an order (but see below in respect of fixed term tenancies).

    Before the court will grant an order on any grounds 9 to 17, it must be satisfied that it is reasonable to require you to leave. This means that, if one of these grounds is set out in section 3, you will be able to suggest to the court that it is not reasonable that you should leave, even if you accept that the ground applies.
    The court will not make an order under any grounds 1, 3 to 7, 9 or 16, to take effect during the fixed term of the tenancy (if there is one) and it will only make and order during the fixed term on grounds 2, 8, 10 to 15 or 17 if the terms of the tenancy make provision for it to be brought to an end on any of these grounds.
    Where the court makes an order for possession solely on grounds 6 or 9 the landlord must pay your reasonable removal expenses

    The court proceedings will not begin until after:

    --April 4th 2013-

    Where the landlord is seeking possession on grounds 1, 2, 5 to 7, 9 or 16, court proceedings cannot begin earlier than 2 months from the date this notice is served on you (even where one of grounds 3, 4, 8, 10 to 13, 14A, 15 or 17 is specified) and not before the date on which the tenancy (had it not been assured) could have been brought to an end by a notice to quit served at the same time as this notice.
    Where the landlord is seeking possession on grounds 3, 4, 8, 10 to 13, 14A, 15 or 17, court proceedings cannot begin earlier than 2 weeks from the date this notice is served (unless one of grounds 1, 2, 5 to 7, 9 or 16 is also specified in which case they cannot begin earlier than two months from the date this notice is served).
    Where the landlord is seeking possession on ground 14 (with or without other grounds), court proceedings cannot begin before the date this notice is served.
    Where the landlord is seeking possession on ground 14A, court proceedings cannot begin unless the landlord has served, or has taken all reasonable steps to serve, a copy of this notice on the partner who has left the property.
    After the date shown in section 5, court proceedings may be begun at once but not later than 12 months from the date on which this notice is served. After this time the notice will lapse and a new notice must be served before possession can be sought.

    6. Name and address of landlord/licensor*
    To be signed and dated by the landlord or licensor or his agent (someone acting for him). If there are joint landlords each landlord or the agent must sign unless one signs on behalf of the rest with their agreement.

    Signed
    Mr Landlord

    Dated:
    13 MARCH 2013

    Please specify whether: *Landlord

    MR LANDLORD-----------------------------------------------------------------------------------------------
    MY ADDRESS
    Telephone:
    Daytime:

    Evening:

    What to do if this notice is served on you

    This notice is the first step requiring you to give up possession of your home. You should read it very carefully.
    Your landlord cannot make you leave your home without an order for possession issued by a court.
    By issuing this notice your landlord is informing you that he intends to seek such an order. If you are willing to give up possession without a court order, you should tell the person who signed this notice as soon as possible and say when you are prepared to leave.
    Whichever grounds are set out in section 3 of this form, the court may allow any of the other grounds to be added at a later date. If this is done, you will be told about it so you can discuss the additional grounds at the court hearing as well as the grounds set out in section 3.
    If you need advice about this notice, and what you should do about it, take it immediately to a citizen’s advice bureau, a housing advice centre, a law centre or a solicitor.

    Comment


      #17
      Anyone able to confirm the above draft is valid please? Must I include all the notes and must I list my exact reasons for 8, 10 and 11, including dates of missed payments etc on the notice or can I leave that for the court possession order form?

      Comment


        #18
        It is fine to me, but under the "reasons" for Ground 10, I would put the current arrears total.
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #19
          Originally posted by thesaint View Post
          It is fine to me, but under the "reasons" for Ground 10, I would put the current arrears total.
          Thanks, do I also need to list the dates that the rent was paid late under section 11 (or leave that for court)

          Comment


            #20
            Originally posted by soverign33 View Post
            Thanks, do I also need to list the dates that the rent was paid late under section 11 (or leave that for court)
            No, don't bother putting that on the Sec 8.
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment


              #21
              Originally posted by Paul_f View Post
              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.
              Is it really as long as three months for a hearing? Would a section 21 notice produce a quicker possession?

              Comment


                #22
                Originally posted by thesaint View Post
                It is fine to me, but under the "reasons" for Ground 10, I would put the current arrears total.
                I am concerned that although his AST ran out on the 4th Jan, a look back through past rent statements will show his rent is usually paid on the 20th of the month. Would I be better off waiting until the 20th March before quoting ground 8 of the section 8. Although officially stated that the rent is due on the 5th of the month on the original AST, a judge may consider he is not in 2 months arrears until the 20th. Can either issue now, leave it until the 2 months are up on the 20th or leave off ground 8 and add it at a later time if needbe?

                Comment


                  #23
                  My answer is this:

                  Originally posted by thesaint View Post
                  The rent is due as per the tenancy agreement.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                    #24
                    Understood.. Just one more thing. Do I need to state on the s8 exactly how late his rent has been paid for each month of the tenancy or just state it is consistently paid late and leave the actual evidence for court?

                    Comment


                      #25
                      Your listing of the reasons you are relying on the grounds doesn't say anything that isn't already in your listing of the grounds you are relying on. The eviction will be based on hard facts, facts you need to provide. I would have to refund all my customers if my s8 notices went out like that!

                      Comment


                        #26
                        Originally posted by soverign33 View Post
                        Is it really as long as three months for a hearing? Would a section 21 notice produce a quicker possession?
                        It could be depending on how much business the court has to get through. I applied to my County Court for a Possession Order under S.21 on 5 December last year and finally got possession via the bailiff on 5 March.

                        That was considered quite speedy under the APP, but a S.8 Ground 8 application might take a little longer.
                        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


                          #27
                          Originally posted by soverign33 View Post
                          Understood.. Just one more thing. Do I need to state on the s8 exactly how late his rent has been paid for each month of the tenancy or just state it is consistently paid late and leave the actual evidence for court?
                          No, you don't have to state exactly how late the rent has been on the Sec 8 notice.

                          Once/If you apply to court, you supply that information in triplicate. The court will keep a copy, send one to the tenant, and send one to you.
                          If you are using the possessionclaimonline website, once you have a case number, you then have to physically take any physical evidence(including the rent statement)to the court.
                          Allow tenants to protect their own deposits. I want free money when they do it wrong

                          Comment

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