Section 8 Notice on someone on housing benefit

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  • Section 8 Notice on someone on housing benefit

    Is it worth issuing a Section 8 for rent arrears on someone on housing benefit if they have had problems with the housing benefit paying up? Would the judge just make me wait for housing benefit to sort themselves out?

    What form do you need to submit to the court after the 2 weeks has expired?

    Also if I issue it today and post it today by special delivery, what date do I put exactly for court proceedings will not begin until after:

    Thanks.

  • #2
    Best to serve it anyway- harsh, yes, but necessary to protect yourself. Non-payment of HB is irrelevant.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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    • #3
      Thanks. Can you please answer my second to questions as well as I want to post it today.

      Comment


      • #4
        Originally posted by tahmur View Post
        Thanks. Can you please answer my second to questions as well as I want to post it today.
        I can't but I hope that others can.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


        • #5
          14 days + 3 for delivery over weekend. I wouldn't do special delivery, I would get a certificate of posting from PO just in case they decide not to sign for letter. It wouldn't be deemed served then.

          Letter is deemed served two (working) days after date of certificate of posting.

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          • #6
            Thanks. So which form do I submit to court after the 2 weeks, and when am I likely to get a hearing date?

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            • #7
              And just to confirm, you can do a s8 an s21 at the same time, can't you?

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              • #8
                Yes - no problem.

                P.P.
                Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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                • #9
                  Can someone please tell me that when I get to the court hearing, how can I prove that I have not received rent from housing benefit?

                  It is easy to prove that you have received rent, but how do you prove that you haven't?

                  And by the way my letting agents, who are useless, deal with the housing benefit office.

                  Is there also any case law that the delay in housing benefit is due to the housing benefit office screwing up is irrelevant.

                  Many thanks.

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                  • #10
                    You can ask your tenant to sign a form with the Housing Benefit people that they are authorised to discuss the details of the HB claim with you. If I were in your position I would make sure this was done, then call the HB office, make a note of time & date of calls, who you spoke to, and get the exact details of why the HB payment has been delayed. This way, if it does get to court, rather than trying to prove to the judge that you have not been paid, you can show that you have been proactive in trying to get the payment made but had no success. You can't be expected just to pay the mortgage indefinitely with no rental income.
                    However, if your tenant doesn't action tha HB information authorisation quickly, or the HB office have no idea what you are talking about, you will know something fishy is going on and you can proceed with eviction.

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