PCOL - can someone check my details before i submit, tonight preferably :P

[mctaggart]

Hi

Filed a section 8 with the tennants for being 2 months in arrears, and the 14 days have now passed. However on filling out the PCOL information for the rent arrears history, I have noticed that the solicitor has managed to mess the dates up on the section 8 he drafted, i am dismayed they have managed to do this.

In particular the tennancy starts on 23/3/13 and the outstanding rent table lists the rent owed for

Due Date Rent Due Rent Paid Total Arrears
March 2013.......145.............145...........0
April 2012.......550.............550...........0
May 2012.........550.............0.............550
June 2012........550.............250...........800
July 2012........550.............0.............1400

However note how he has incorrectly put the year dates as 2012 from April onwards rather than 2013!!!

As 2012 is before the contract started, my solicitor says that there is no argument with the tennant that he can say the dates are incorrect if i back the dates up with my accounts and deposits by tennant.

What should i do, my solicitor has put me in a real **** position now and I dont want to pay for a PCOL wait 2 months then have it thrown out.

Could anyone offer any advice if i should reissue the section 8 and wait another 2 weeks or just proceed with the PCOL?

[thesaint]

I agree with your solicitor.
What you should do, is file 3 copies at the court as well. The PCOL system is lacking.

[mctaggart]

Anyone else think this or should i just reissue the notice for peace of mind? As i am worried if it got thrown out for being incorrect I will have to go right back to the beginning

[JonFlower]

Shouldn't the final arrears figure be (800 + 550) = £1450, rather than £1400?

[Snorkerz]

The PCOL inputting system is a PITA.

Send an up-to-date rent statement to the court now, and a revised one 7 days before the hearing. It's really no big issue.

[Lawcruncher]

Generally speaking if a date in a notice is obviously wrong and the recipient is not prejudiced, the error will be allowed. If the court disagrees you have a case against your solicitor.

It is good practice in any law firm for all notices, however straightforward, to be checked by someone who did not draft the notice. It is so easy to get a date wrong and many a law firm has lost a negligence case through getting dates wrong.

[Snorkerz]

I don't think it is the section 8 notice which is defective - it is the online version of court form n119. The PCOL website offers a somewhat unwieldy way of creating a 'standard' rent statement which may be nice and clear to the judge but is a b****g to create.

[mctaggart]

Sorry lawcruncher is correct, its the section 8 notice which was served to the tennant 2 weeks ago which has the wrong information on it, i.e the "year dates" sorry i did mean to put £1450 above as the arrears! typo by me :P

At this point i have not filed anything on the PCOL website, want to check if i should proceed or not even with the year date errofor April, may, june, july.

[Snorkerz]

Aha, I think you will be in order so long as the amount shown as unpaid on the s8 is correct.

[mctaggart]

PCOL - can someone check my details before i submit, tonight preferably :P

Reason For Possession:

Possession claimed under ground 8, and/or grounds 10, 11, 12 of Schedule 2 Housing Act 1988 as amended by Housing Act 1996.

Recovery steps already taken:

Emailed – Telephoned – Personal Visit to property to discuss late/no payment of rent. Defendant has been offered the opportunity to repay smaller arrears, but constantly failed to keep up any agreed payments. Issued S.8 – Served in person, witnessed .

Notice type:

Notice seeking possession

Defendant circumstances:

Both tenants are non family members with no dependents at the rented property. They are both in full time work operating their own business named {Mod - name removed} in Neath.

Financial or other information:

Claimant suffers hardship due to lack of receiving rent lawfully due. My partner is pregnant and the lack of paid rent is jeopardising our own family home due to our financial commitments.

Payment Details
Date Payment Due Amount Due Amount Paid Accumulated Arrears Actions
23/03/2013 550.00 550.00 0.00

01/04/2013 145.00 145.00 0.00

01/05/2013 550.00 0.00 550.00

01/06/2013 550.00 250.00 850.00

01/07/2013 550.00 0.00 1400.00

[Berlingogirl]

When did the tenancy start? and how long it is for?

[the-smiths]

Shouldn't the final arrears figure be (800 + 550) = £1450, rather than £1400?

That should be £1350 ?

[thesaint]

I would just serve another Sec 8, since it can expire in 14 days anyway.

[Moderator2]

Two related threads have been merged.

[mctaggart]

After speaking to the T yesterday, he has told me he is going to move out today at 7:00pm. I cant believe anything he says anymore but "touch wood" if he does, what is the correct process for getting house back legally if he leaves voluntarily.
I don’t want him coming back later on saying i threw him out, is there a form i can make him sign? Although i have done this once before and he said that I can’t legally make him sign away his tenancy, so not sure what proof i need to say he’s officially gone if he does give me the keys back mid way through his AST.

He also wants me to sign away the rest of the contract so i cant chase him for it.

Could someone advise?