Rent arrears - Eviction

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    #16
    Hello saint, Sorry to barge in but have you not got your sec 8 and sec 21 mixed should it not be the other way round?
    Any advice I give is my opinion and experience, I am as you also learning.

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      #17
      No. A Sec 21 cannot be proceeded on at court until the end of the fixed term.
      Without the express permission contained within the tenancy agreement to allow the landlord to evict for non payment of rent using Sec 8 of the 1988 Housing Act, a court cannot order possession within the fixed term.
      Allow tenants to protect their own deposits. I want free money when they do it wrong

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        #18
        Thanks for clarifying saint
        Any advice I give is my opinion and experience, I am as you also learning.

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          #19
          thesaint Post #14,

          I'd do this too.

          I've just been given possession on a S8 and a money order and the judge didn't even look at the TA. T didn't show up at court hearing.

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            #20
            Hello Saint,

            After your post I checked my TA to see if it mentions the use of section 8 within the fixed term. I use the latest LAWPACK one with the section 8 and section 21 that comes with the pack. I have successfully obtained a PO using the section 21.
            On reading the TA it does not mention the use SECTION 8 and/or SECTION 21 however under Paragraph 3 ENDING THIS AGREEMENT subsection 3.1.1 its says If any time any part of the rent is outstanding for 14 days after becoming due(weather formally demanded or not) and it goes on to say under subsection 3.1.3

            "If at anytime, any grounds contained in the housing act 1988 schedule 2 apply

            Is This the "permission you are talking about in your quoted post?

            Thanks
            Any advice I give is my opinion and experience, I am as you also learning.

            Comment


              #21
              Originally posted by Joanne2121 View Post
              severe arrears over 3000k (I know its a joke).
              3000K!!!!!!!!!!!!! Flipping heck. That's monumental. How long have they not been paying?
              "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

              What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

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                #22
                sunnyp,

                Yes, that's the one.
                Allow tenants to protect their own deposits. I want free money when they do it wrong

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                  #23
                  Her Maj hasn't paid the rent on Buck House...
                  Unshackled by the chains of idle vanity, A modest manatee, that's me

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                    #24
                    Originally posted by islandgirl View Post
                    Her Maj hasn't paid the rent on Buck House...

                    Very good point: As made clear in

                    http://www.amazon.co.uk/Living-Off-S.../dp/0955831113

                    no she doesn't - and Buck House is state property not her own (unlike Balmoral or Sandringham, albeit there lurk further interesting debates..)

                    I turns out Prince Andrew is tenant of "Royal Lodge" in Windsor Great park - 75 year lease I think - and pays £0 pa. And Charlie rents Highgrove for (?? not sure exactly, £300kish pa??) from the Duchy of Cornwall which purchased it for him but since he gets the surplus from the Duchy for every £1 he pays in rent he gets back as extra surplus... £1!! Rent free effectively!

                    Funny how such things are kept so quiet...

                    Cheers & best wishes to all, including those who disagree with me...
                    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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