Section 8 - possible grounds

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    #16
    Gorf, IMO the other Ts should express their displeasure to offending T as a group, and she may leave voluntarily, or cause more grief. We advise LLs to stay clear of flatmate disputes as he is not parent to any.
    If LL decides to seek legal repo, he should ensure all his Statutory duties ae complied with first.

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      #17
      Originally posted by mariner View Post
      Gorf, IMO the other Ts should express their displeasure to offending T as a group, and she may leave voluntarily, or cause more grief. We advise LLs to stay clear of flatmate disputes as he is not parent to any.
      If LL decides to seek legal repo, he should ensure all his Statutory duties ae complied with first.
      Certainly if this were a joint tenancy I would agree. I think with multiple independent tenants it is not quite so clearcut. This is also not quite the same as intervening in neighbour disputes.

      First of all (in this case and even in the case of neighbour disputes) - it may well be in the *business* interest of L to intervene. If so, then intervene. If a neighbour is driving away your tenants it is your dispute as well.

      Second, if four girls are renting a flat as independent tenants, and L (not the tenants) replaces one of the tenants with a male kleptomaniac racist rapist violent murderer with festering athletes foot (an extreme example) who acts on these tendencies -- I don't think L can simply stand aside and say "I am not your parent I am steering clear" - this would not likely be in Ls business interest, nor I suggest appropriate.

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        #18
        Just a couple of points about section 8 . . .

        It is allowable to serve a section 8 on discretionary grounds and ADD non-discretionary grounds (if they become applicable) right up to the hearing day - but if added within the last 14 days there is a chance the hearing will be adjourned to allow the tenant to take advice.

        ANY of the applicable grounds can be used at ANY time. The issue of it not being allowed if it is not in the tenancy agreement relates to the possession date, so in this case, OP could obtain a possession date on the 6 month anniversary, an impossibility with s21.

        #treadaz: I understand that your property does not come under the 'PART 2' licensing regulations for HMOs but it may require a 'PART 3' licence. Your local council is in control of that - I repeat, have you checked?

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