Advice on witness statement for Section 8 court application

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    Advice on witness statement for Section 8 court application

    We need to evict tenants who have been renting from us for 8 years, are over £3k in arrears and are still in the house after the S21 notice we gave them expired on 6 Sept. They are saying they thought it was the 29th but I know this isn't true. They were at the races the day they were supposed to leave the property.

    I went online to do an accelerated possession claim, but at the end it stated I needed to enclose proof the notice was served. I sent it by first class post with no proof of postage... gah!! Now what? Do I have to give S21 notice all over again with proof? Are there any other options to evict them? Am feeling a bit helpless now.

    Advice would be much appreciated
    Sarah

    #2
    You can't do an online accelerated possession claim.
    You need the N5(b) form which you can complete online, and then print off.

    As you don't have proof, you need to complete form N215, and do a self declaration.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Agree with thesaint. Did the tenant acknowledge receipt of the s21 any time before 6th July?

      It would seem you are not clear what you are doing, would you like us to check the s21 was valid in other ways?

      Comment


        #4
        Advice on witness statement for Section 8 court application

        Hi everyone

        Quick background: I have had tenants for 8 years but rent arrears have gradually crept upwards over the last 2.5 years due to periodically missed weekly payments. I have served a Section 8 and Section 21 notice and will be applying for a court hearing next week (Section 8).

        According to 'MyLawer.co.uk' I have to supply a witness statement confirming the amount of arrears in the event that the arrears have accumulated over a period of more than 2 years, which they have. So who could I ask to do this? And would it just be in the form of a signed letter?

        Thanks in advance

        Sarah

        Comment


          #5
          Two related threads have been merged.
          I also post as Mars_Mug when not moderating

          Comment


            #6
            Originally posted by Sarah2662 View Post
            ....According to 'MyLawer.co.uk' I have to supply a witness statement confirming the amount of arrears in the event that the arrears have accumulated over a period of more than 2 years, which they have. So who could I ask to do this?....
            Ask the website you quote - ... it's their advice & presumably you are following their process..,
            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...

            Comment


              #7
              No I'm not, it's just a page I came across when googling the issue. Thanks anyway.

              Comment


                #8
                You don't have to provide a witness statement.
                It's been a long time since I did a Sec 8 application, so I am unable to advise you well.

                The last time I did one, I did it online. I found the process to be not a good one.

                Sec 21's for me everytime
                Allow tenants to protect their own deposits. I want free money when they do it wrong

                Comment


                  #9
                  Originally posted by Sarah2662 View Post
                  According to 'MyLawer.co.uk' I have to supply a witness statement confirming the amount of arrears in the event that the arrears have accumulated over a period of more than 2 years, which they have. So who could I ask to do this?
                  The witness statement is just a document you prepare and sign yourself, it doesn't need anyone else to do it. I think you're confused by the word 'witness'.

                  It's a very specific form of document; you should read up on how to prepare it. Judges like to see things done properly, and if you want him on side during the hearing it's best not to get off on the wrong foot by irritating him through not following proper procedure.

                  In your case, your witness statement should include a table of rent moneys due and paid, with the dates; and a final column showing the cumulative total of arrears.

                  Comment


                    #10
                    You mention both a section 21 and a section 8.

                    A section 21 cannot be done online, you fill the form on line and then post or hand deliver it to the county court.

                    There is a section in the form that requires you to show proof of service of the section 21 notice. This can be tenants sign on a copy of the section 21, proof of posting from the post office or a witness statement declaring you served the tenant with the notice.
                    Also a section 8 can be defended by the tenant(citing property in poor condition or repairs not done) a properly served and valid section 8 cannot be defended.
                    Any advice I give is my opinion and experience, I am as you also learning.

                    Comment


                      #11
                      Originally posted by sunnyp View Post
                      Also a section 8 can be defended by the tenant(citing property in poor condition or repairs not done) a properly served and valid section 8 cannot be defended.
                      I think thats a typo, a properly served and valid section 21 cannot be defended.
                      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                      Comment


                        #12
                        Thank you Jpkeates Yes it should read section 21
                        Any advice I give is my opinion and experience, I am as you also learning.

                        Comment

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